Scottish Court of Session Decisions

Subject_1 ADJUDICATION.

Earl of Aberdeen
v.
Scott's Creditors

1741, July 23.
Case No. No. 31.

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Remit to the Ordinary to hear on the petition and answers, and report, 1st June. This was on a suggestion of Arniston, very new, that the payment recovered on the ranking and preference, should be applied not to the annualrents of the accumulate sum, but to the accumulate sum itself. But upon the report, the Lords made no difficulty, nor was there so much as an argument on this new point of Arniston's; and we found, as prayed in the petition, that the payment on the forthcoming must be applied to the annualrents of the principal sum after the adjudication (whereby we allowed the creditor the application to the annualrents last growing due, and not to those first growing due, to save his adjudication entire.) 2dly, That the money recovered on the ranking must be applied first to the annualrent, next to the accumulate sum, without restricting the penalty.—27th February, 1741.