Subject_2 DECISIONS of the LORDS OF COUNCIL AND SESSION, reported by SIR JOHN LAUDER, LORD FOUNTAINHALL.
Lord Drumlanrick v. Scot
Date: 10 June 1671
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This Scot having adjudged the lands of one of my Lord Drumlanrick's vassals, upon the renunciation of the apparent heir; and having charged my Lord to infeft him thereon, he suspends upon this reason, that being superior, it is leasum to him upon payment made to the creditor of all his just sums, to take the lands to himself; which he is content to do; and, therefore, craves the adjudger may assign him to his diligence. And though this be an adjudication led before the act of Parliament 1669, which equiparates in omnibus adjudications to comprisings, (and so by it there can be no doubt of adjudications after the act,) yet the ratio being eadem, and no imaginary disparity assignable why the superior should have right more to use that method with the appriser, than an adjudger, we must say the same law obtains in both.
The Lords found a superior might redeem a creditor adjudger; but if he did he should have no year's rent. Neither when the debtor comes to redeem the lands from him within the legal shall he get deduction or retention of a year's rent; so that the debtor is bettered by the superior taking the right of the said diligence, than if it had stayed in the person of his creditor.
