Subject_1 ADJUDICATION and APPRISING. Subject_2 RANKING of ADJUDGERS and APPRISERS.
Gordon v. Hunter
Date: 16 January 1680 Case No. No 18.
The same found.
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In a competition betwixt Gordon of Troquhen and John Hunter, both having adjudged the same lands within year and day: Hunter craved a proportion of the duties. It was alleged for Troquhen, That he could have no share, till first he paid the whole expences of the first adjudication, and infeftments thereon, because by the act of Parliament 1661, between debtor and creditor, whereby all apprisings within year and day of the first effectual apprising, are brought in pari passu; it is expressly provided, that the first appriser be first satisfied of his whole expences of his apprisings and infeftments. And by the act anent adjucations, general adjudications of the whole estate are declared to be in all points in the same case as apprisings.
The Lords found, that the posterior adjudger could have no access, until he satisfied the first adjudger of his whole expences of his apprisings and infeftments.
