Subject_1 DECISIONS of the LORDS OF COUNCIL AND SESSION, reported by SIR JOHN LAUDER OF FOUNTAINHALL Subject_2 SUMMER SESSION.
Date: 14 March 1683
Lumsden of Innergelly's Creditors competing
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In the competition among the Creditors of Lumsden of Innergelly; the Lords, on Drumcairn's report, sustain thir two reasons of reduction separatim relevant to reduce Cleland's adjudication, with all that has followed thereupon:—1mo, That the seasine was not registrate debito tempore, within sixty days. 2do, That the adjudger himself had, before the adjudication, received payment of part of the sums adjudged for, and so did adjudge for more than was due; and they found the charge against the superior, though without the offer of a charter or a year's rent, is sufficient against competing creditors to supply a year's rent, though it cannot prejudge the superior as to any of his casualties.
And, as to the objections against the children's and John Callander the donatar's adjudications, the Lords repel them hoc loco; without prejudice to the creditors to insist in the reduction of these adjudications, as accords. And refuse to consider or receive the said reasons of reduction summarily and incidenter in this competition.
