Lady Whitingham v. The Tenants and Creditors thereof
1687.
February. Case No. No 21.
Found in conformity with No 20. p. 3487.
Click here to view a pdf copy of this documet : PDF Copy
In an action of poinding of the ground at the instance of the Lady Whitingham and Creditors, it being alleged, for James Hamilton, one of the creditors, who likewise had an infeftment of annualrent, but posterior to the Lady's infeftment, That he was prejudged, in so far as she did suffer the common debtor to uplift the rents, and her annualrents running on did exhaust the rent when he came to poind;—The Lords decerned in poinding of the ground at the Lady's instance, but declared that in time coming she should be holden to poind the tenants upon the decreet, within 40 days after the term at which the rents are payable by the tenants; after which time it shall be liesom to James Hamilton to poind the ground, butt prejudice to the Lady to poind for the bygones of her rent.
Fol. Dic. v. 1. p. 238. Sir P. Home, MS. v. 2. No 897.
