Competition Mr James Hay and the other Creditors of Hay of Monkton
Date: 3 July 1700 Case No. No 46.
Found in conformity to Brown against Porterfield, supra.
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The Lords advised the competition betwixt Mr James Hay and the other Creditors of Hay of Monkton. They objected against his adjudication, That not being allowed, they were preferable by the 31st act of Parliament 1661. Answered, He was within year and day of the first effectual comprising; and, by the 62d act of the same Parliament, all such are brought in pari passu without noticing their allowance; and in many cases the Lords had so determined, 17th February 1698, Bancrieff and the Creditors of Park, No 44. p. 13560. The Lords considered the case here, and some thought the current of decisions not so consonant to the express terms of that 31st act; yet the Lords observed an exception reserved in the end of it, but prejudice of any further diligence by infeftment or charging the superior; so that, if one procure himself infeft without an allowance, it is as valid as if he had been allowed, the design whereof is only to obtain infeftment. The Lords would not resile; but, by the plurality, sustained the adjudication as they had oft done before.
Fol. Dic. v. 2. p. 332. Fountainhall, v. 2. p. 101.
