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You are here: BAILII >> Databases >> Scottish Court of Session Decisions >> Bell of Blackethouse v John Garthshore. [1737] 2 Elchies 139 (15 July 1737)
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[1737] 2 Elchies 139
Subject_1 COMPETITION.
Date: Bell of Blackethouse
v.
John Garthshore
15 July 1737
Case No.No. 3.
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The first complete real right is preferred to a prior personal conveyance of a personal right. Oliphant purchased a house at a judicial roup, and without being infeft sold it to one Chatto, who was erroneously infeft on Oliphant's disposition. Chatto gave an heritable security in it to Bell of
Blackethouse, whereon he also was infeft, but erroneously for the above reason. Thereafter Garthshore adjudged from Chatto, and particularly adjudged Oliphant's decreet of sale and disposition to Chatto, and was duly infeft by the superior upon the decreet of sale and his adjudication. The Lords at first preferred Bell of Blackethouse, as having first denuded Chatto of his personal right; but upon a reclaiming bill and a hearing in presence, they preferred Garthshore, as having the first complete real right. Vide Thomas Boyes's Case, 10th January 1738, voce Cautioner.(See Dict. No. 80. p. 2848.)
The electronic version of the text was provided by the Scottish Council of Law Reporting