Subject_1 DECISIONS of the LORDS OF COUNCIL AND SESSION, reported by SIR JOHN LAUDER OF FOUNTAINHALL.
James Irving of Artamford v. John Liegertwood
1693 and
1694.
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1693. December 28.—Philiphaugh reported James Irving of Artamford against John Liegertwood. The competition was between an arrester of the maills and duties of lands, and an appriser of the same lands long before the laying on of the arrestment; but the appriser had been in mora, neither having taken infeftment nor pursued to put himself in possession; and thereupon the arrester pleaded preference. The Lords found the old decisions favoured Liegertwood, the arrester; as Durie observes, 14th February 1623, Saltcoats: but the Lords of late had preferred apprisers, as on 23d February 1671, Renton, Lord Justice-Clerk, against Craigiehall. And it being remembered that there was a late practick (18th February 1692, Pilrig's Creditors against Closeburn,) in favours of an annualrenter; therefore they forbore to determine the point till they saw what had been done in that former case.
Vol. I. Page 586.
1694. January 20.—The Lords, having advised the competition between Artamford, the appriser, and Liegerwood, the arrester, mentioned 28th December last, and having balanced the decisions on both sides,—preferred the appriser, in regard his lying out of possession so long did not so much appear to be collusive, and in favour of the debtor, as because there were other apprisers contending with him: but declared he behoved no longer to debar other creditors, but enter and possess till he were paid, that then they might have access.
