Scottish Court of Session Decisions

Subject_1 COMPETITION.
Subject_2 SECT. XV.

Annualrenters; - Adjudgers; - Inhibiters; - Assignees, &c.

Dame Helen Erskine, Relict of Sir William Douglas of Kelhead,
v.
Wallace, and Others, arresting Creditors of Sir John Douglas

Date: 2 November 1748
Case No. No 101.

In a competition beween arresters and an annualrenter; the annualrenter preferred upon her annualrent-right, without doing diligence.

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Two troops of St George's dragoons being grazed during the Summer 1746 in the inclosures of Kelhead belonging to Sir John Douglas, several arrestments by Sir John's creditors were laid in the hands of the officers, in order to affect the grass-mail. The regiment being removed, the officers consigned the grass-mail, amounting to L. 180 Sterling, into the hands of Mr Fergusson of Craigdarroch the Sheriff-depute, to be made furthcoming to those having best right; and other arrestments having been used thereafter in Mr Fergusson's hand, he called the whole in a multiple-poinding.

In this process, compearance was made for said Lady Douglas, who produced her infeftment for a yearly annuity of 2000 merks out of the lands of Kelhead, whereof the said inclosures were a part, and thereon pleaded to be preferred to the arresters.

Accordingly, The Lords found, ‘her preferable upon her liferent-annuity to the arresters.’

Of old, annualrents had no effect but by poinding of the ground, vide Gray contra Graham, No 1. p. 565.; but now, since Guthrie contra the Earl of Galloway, No 4. p. 567, they have been found to be sufficient titles, against all intromitters with the rents personally. Vid. Stair, tit. Infeftments of Annualrent, § 13. and the decision observed by Dirleton, 20th December 1676, Ker contra Hunter, No 6. p. 569.

Kilkerran, (Annualrent, Infeftment of.) No 1. p. 30.