Scottish Court of Session Decisions

Subject_1 DECISIONS of the LORDS OF COUNCIL AND SESSION, reported by SIR ROGER HOG OF HARCARSE.

James Cleland
v.
Pitliver

1685. February.

Click here to view a pdf copy of this documet : PDF Copy

Found, that, in a competition of base infeftment of annual-rent, the first citation and day of compearance before the Lords, was preferable to the posterior citation and first decreet before the inferior judge, where the procedure is more summary than before the Lords. 2. Found, that, in voluntary rights, the first presenting of a right for confirmation was not to be considered, in order to give preference among base infeftments, which is ruled by the date of the charter and seal, because superiors are not obliged to confirm voluntary rights.

Page 166, No. 600.