Scottish Court of Session Decisions

Subject_1 JUS SUPERVENIENS AUCTORI ACCRESSIT SUCCESSORI.

Creditors of Gordon of Kirkconnell

1738, Dec. 22.
Case No. No. 1a.

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The Lords found that the common debtor's infeftment accresced to the creditors former infeftments according to their several dates so as to prefer them according to their dates, and not pari passu. Dun and Arniston only spoke, and none of us spoke against it, though I own I doubted greatly, but could not say I was of a different opinion. Arniston told me that what determined him was, that he still thought that the common debtor's right denuded him without regard to the decision in the case of Bell of Blackethouse.

*** The case of Creditors of Girdwood, 10th December 1742, is here referred to, which is stated in the manuscript as follows:—

One got an heritable bond from a person not infeft but did not infeft himself; thereafter another creditor got an heritable bond from the same debtor and did infeft himself; thereafter the first creditor got another heritable bond for another debt and did not infeft himself, but then finding his author not infeft he first infefted himself on his two bonds, and immediately on the same day he infeft his author the common debtor, and all the three sasines were registrated on the same day. In the competition the Lord Dun preferred the creditor first infeft, and this day the Lords adhered, as we determined 22d December 1738,. Creditors of Gordon against Kirkconnell.