Scottish Court of Session Decisions

Subject_1 COMPETITION.

Captain Chalmers
v.
Sir James Cunningham

Date: 8 November 1737
Case No. No. 4.

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There being many adjudications, and infeftment upon one of them, and thereafter there being an infeftment of annualrent upon an heritable bond granted before any of the adjudications, and then several other adjudications; there was no question that the adjudication with the infeftment on it, before the infeftment of annualrent, was preferable; but the question was as to adjudications within year and day of that first effectual one, and which are preferable pari passu with it, whether they are also preferable to the infeftment of annualrent, whether they were led before or after it, or e contra? The Lords found the infeftment of annualrent preferable to all adjudications, whether prior or posterior to it on which no infeftment followed, notwithstanding they were within year and day of the said first effectual adjudication; and therefore adhered to the Lord Ordinary's interlocutor, that annualrent ought to be stated in computo of the real debts.