Subject_1 DECISIONS of the LORDS OF COUNCIL AND SESSION, reported by SIR JOHN LAUDER, LORD FOUNTAINHALL.
- Ker's Creditors v. James Ker
Date: 4 January 1668
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Ker having granted a disposition to Ja. Ker of some bonds, for security of several sums of money, as 3000 merks, 9000 merks, &c. whereon the creditor being infeft, and that infeftment made public, as to some of the sums therein contained, but not as to all: thereafter, there being a competition of rights betwixt this Ker and some others of the disponer's creditors, the question was, If an infeftment, granted for several sums of money, and made public as to some of the sums, if that was a public infeftment.
The Lords found that an infeftment being indivisible quid, could not ex parte be public, and ex parte not; and therefore found the same public.
