Subject_1 DECISIONS of the LORDS OF COUNCIL AND SESSION, reported by SIR JOHN LAUDER, LORD FOUNTAINHALL.
Lord Lyon v. -
Date: 20 January 1668
Click here to view a pdf copy of this documet : PDF Copy
There was a comprising led at my Lord Lyon's instance against one Johnston, as lawfully charged to enter heir to his father: and he dying before the Lyon was infeft upon his comprising, another serves himself heir to him who was last infeft, and procures himself infeft; and both contending for preference, it was found that the person who was lawfully charged to enter heir, and comprised from, was so denuded by that diligence, that he who served himself heir, and was infeft, could not be preferred to him who had comprised, though not infeft till after the other's infeftment was expede.
