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Blackwood of Pitreavie v the Earl of Sutherland, and the Representatives of Colvil and Russel. [1740] Mor 14140 (7 November 1740)
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[1740] Mor 14140
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[1740] Mor 14140
Subject_1 RIGHT in SECURITY. Subject_2 SECT. XI.
Effect of a joint-disposition to several Persons for security of Debt.
Blackwood of Pitreavie v. the Earl of Sutherland, and the Representatives of Colvil and Russel
Date: 7 November 1740 Case No. No 40.
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Where a joint-disposition of property is granted to several persons, the disponees have no concern with one another; and there can be no competition between them, nor any action, but for a division. But where a joint-disposition is granted to several persons for security of debts, the security granted to each creditor is over the whole subject; they have a joint-interest, and the excluding of one of them on an objection to his debt, or any other ground, augments the security of the rest.
Upon this ground, in a competition between an adjudger from the common debtor, and certain joint-disponees in security, for the share of one of the joint-disponees, whose infeftment was found void, as proceeding on a precept for infefting the Representatives of Colvil, without naming or describing those representatives, the other disponees were preferred.
Fol. Dic. v. 4. p. 245. Kilkerran, (Society), No 2. p. 518.
*** Clerk Homes report of this case is No 23. p. 6902., voce Infeftment.
