Scottish Court of Session Decisions

Subject_1 PRESCRIPTION.

Sir James Dalrymple
v.
Duncan

1737. July 14, December 6.
Case No. No. 14.

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A bond taken by a factor (payable to himself qua factor) of a sequestrated estate for rents falling due after the bankrupt's death accresces to the creditors, whose diligence carried these rents, viz. adjudications on decreets cognitionis causa: And many years after the sale, and more than forty years after granting this bond, the purchaser, who had acquired all the debts, pursued for this bond in the title of two adjudications that had been led at the instance of minors, both of them ranked in the sale, one indeed pari passu with many others as being within year and day, but the other without year and day; and several infeftments were ranked preferably to both: Therefore the question was, whether the minority of these creditors should be deducted, and whether they could sue for the whole sums, or only their proportion? The Ordinary found that their minorities must be deducted, and that they might sue for the whole; and the Lords adhered as to the adjudication that was within the year, because adjudgers though preferable pari passu only concursu faciunt partes; but found no occasion to determine as to the other without the year.—Adhered, 6th December.