Subject_1 DECISIONS of the LORDS OF COUNCIL AND SESSION, reported by SIR JOHN LAUDER OF FOUNTAINHALL.
The Master of Balmerino v. Alex Gibson.
Date: 25 January 1693
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The Lords found an infeftment of annualrent had neither a possessory judgment for it nor against it; and that if Balmerino insisted only to declare his bygone annualrent, or back-tack duties to be paid, and prove it instantly, it might be received; but if he sought to extinguish the whole right of L.20,000 Scots (whereof Alexander Gibson had only 5000 merks,) in that case he behoved first to cite and call all the rest of the creditors, who had a joint interest in that sum; seeing he could not prove them paid till they were first in the field, and heard against the same.
