[1737] 1 Elchies 103
Subject_1 COMPETITION.
Bell of Blackwoodhouse
v.
Garthshore
1737 ,July 15 .
Case No.No. 2.
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The Lords preferred William Bell, whose right they found carried the personal right that was in the common author.—2d July 1736.
This case, which was first determined in July last, was also of that importance, that the Lords, after hearing it in their own presence, and getting informations, delayed it till this day, (21st June 1737,) when they altered their former interlocutor preferring Blackwoodhouse, as having first denuded young Chatto, who had but a personal right, and preferring Garthshore as having the first real right, me et quibusdam aliis renitentibus. Arniston owned that he had several times changed his opinion on this question even during the dependence of this process, but now he was of the opinion of the last interlocutor, and we both thought that notwithstanding that opinion, if one having a personal right should assign it, and thereafter be infeft, and then grant a second disposition,
and infeft that second disponee, he would be preferred to the first; but he said that if that second disponee should first acquire his disposition, and then infeft his author, the first disposition would be preferred; but I doubted of this last, because infefting the author vested the property in him, whereof he could not be denuded by the personal disposition; but in this case the author's infeftment would have accresced to Blackwood-house, since both he and Chatto were infeft, but erroneously.—15th July 1737, The Lords adhered as to the general point, but remitted to the Ordinary to hear parties on the specialties, particularly that Garthshore obtained his charter pendente processu; 2dly, that it was not a charter of sale, but of adjudication.
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