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You are here: BAILII >> Databases >> Scottish Court of Session Decisions >> In the Ranking of the Creditors of Cockburn of Langtoun, [1691] 2 Brn 129 (8 July 1691)
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Subject_1 DECISIONS of the LORDS OF COUNCIL AND SESSION, reported by SIR ROGER HOG OF HARCARSE.
Date: In the Ranking of the Creditors of Cockburn of Langtoun,
8 July 1691 Click here to view a pdf copy of this documet : PDF Copy
Found, That a citation in a poinding of the ground against the heritor and tenants, deelaratorie, before the first term of payment of annualrent, when no more diligence could be used, is preferable to any posterior public infeftment intervening before the said first term; but that such a citation will not prefer in prejudice of these, if the annualrenter do not exact diligence to obtain payment, immediately after elapsing of the said first term.—July 8, 1691: And yet confirmation or declarator was competent before the first term; and a bare citation may be dangerous.
Page 171, No. 619.
The electronic version of the text was provided by the Scottish Council of Law Reporting