Subject_1 DECISIONS of the LORDS OF COUNCIL AND SESSION, reported by SIR JOHN LAUDER OF FOUNTAINHALL
Subject_2 SUMMER SESSION.
Date: Kilpatrick of Closeburn
v.
-
14 January 1681 Click here to view a pdf copy of this documet : PDF Copy
In an action, Kilpatrick of Closeburn against; an adjudger having compeared, and craved preference to one who had got a voluntary disposition of the lands for adequate onerous causes before the adjudication, and was infeft before the adjudger was infeft, upon this ground, That the disponer was not only his debtor, but was cited on the summons of adjudication before he granted the said disposition, and so he was in mala fide after that to make a fraudulent disposition:
Answered,—The disposition was not in defraud, nor any ways quarrellable on the Act 1621; because inter extraneos, and for adequate causes, and he could not know that the disponer was cited in an adjudication.
Replied,—These adjudications coming in place of apprisings, as the denunciation of the apprising rendered it litigious, and impeded the debtor's voluntary deeds thereafter; so a citation, on a summons of adjudication, (which now corresponds to the old relative term of denunciation of the lands to be apprised,) ought to operate the same effect.
Forret gave them the Lords' answer on it.
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