Litigious by denunciation upon apprising, and citation upon adjudication.
Subject_3 SECT. I.
Rights granted in consequence of an antecedent obligation. - Alienation after denunciation. - Adjudication led during the dependence of a ranking and sale.
Cardross v. Somerdycke
1684.
January. Case No. No 72.
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In the action at the instance of the Lord Cardross against Cornelius Vanarsan Somerdycke, the Lords found, that a debtor could not make any voluntary right, or prefer one creditor to another, after citation, upon a summons of adjudication, no more than he could dispone lands, after denunciation, upon letters of apprising.
Sir P. Home, v. 1. No 530.
*** A similar decision was pronounced 1st February 1684, Anderson or Crichton against Anderson, reported by P. Falconer, No 83. p. 2857. voce Competition; and by Harcarse, No 117. p. 7050. voce Inhibition.
