Subject_1 ADJUDICATION and APPRISING. Subject_2 RANKING of ADJUDGERS and APPRISERS.
Robina Seton v. Graham of Griegston
Date: 5 August 1761 Case No. No 48.
Adjudications of personal rights, cannot be preferable to one another, on account of date or otherwise; they must be ranked pari passu.
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Alexander Reid having obtained from Hope of Craighall, a feu-right of the lands of Baltilly, was infeft upon the precept of sasine. And during the course of several years, many adjudications were led against him, upon some of which infeftments passed. In the ranking of Alexander Reid's creditors, it was discovered that his infeftment being erroneously taken, was void; and consequently that the infeftments taken by his creditors were also void. The case then resolved into a competition among various adjudications of a personal right to lands. None of these adjudications being complete rights, their preference cannot be regulated by the act 1661, but by the common law; by which not one of them being preferable to the rest, they ought all to be ranked pari passu whether within year and day or not; like a number of assignments to a personal bond without intimation; a number of decrees against the same executor; or a number of bills drawn upon the same person, and accepted by him immediately before his bankruptcy.
‘The adjudgers were accordingly ranked pari passu.’ (See Competition.)
