Subject_1 DECISIONS of the LORDS OF COUNCIL AND SESSION, reported by SIR JOHN LAUDER OF FOUNTAINHALL Subject_2 SUMMER SESSION. 1683.
Sir David Carnegie of Pittarrow v. Smith and Montgomery
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March 23.—Sir David Carnegie of Pittarrow against Smith and Montgomery, tenants of Graham of Crigie, reported by Drumcairn. The Lords refused to allow the payments made by these tenants to Barbara Ramsay, and Lyles, her children; because, though they had preferable infeftments to Pittarrow's, yet, being called to his decreet of preference among the other creditors, they are not ranked there, and that decreet of preference was the only rule for paying; and allowed the rest of the articles of their discharge. Only ordained the prices of the victual to be calculated at the sheriff's fiars for these years. Vide 30th current.
Vol. I. Page 229.
March 30.—Sir David Carnegie of Pittarrow his general declarator of escheat against Smith, Crigie's tenant in Mathers, being reported by Castlehill; the Lords found the denunciation of the said tenant to the horn, null, because it was general for payment of a superplus not then liquid, and which could not be; because the very annualrent of those creditors ranked before Pittarrow in his own decreet, was far more than all his rent extended to, though there was a superplus due among the whole tenants.
