Scottish Court of Session Decisions

Subject_1 COMPETITION.

Creditors of Whitehaugh, Competing

Date: 24 January 1747
Case No. No. 8.

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There being an inhibition and three infeftments of annualrent all posterior to it, and then an adjudication on the inhibition; the question was, whether the annualrents should be first preferred and ranked in their order, and then the inhibitor to draw proportionally from each of them, which has been the general practice for 50 years? or, if the inhibition must be ranked first, and next the annualrenters in their order, so as all the deficiency shall fall on the last annualrenter. By the President's casting vote this last carried, after long pleadings at the bar and reasoning on the bench Adhered to. John Lithgow was the first annualrenter. Vide M'Gill, No. 1. supra. Vide Hope's Creditors, 2d February 1750, voce Inhibition.(See Dict, No. 101. p. 2896.)