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Scottish Court of Session Decisions >>
The Creditors of Ruthven of Dunglass competing. [1679] 3 Brn 286 (7 February 1679)
URL: http://www.bailii.org/scot/cases/ScotCS/1679/Brn030286-0358.html
Subject_1 DECISIONS of the LORDS OF COUNCIL AND SESSION, reported by SIR JOHN LAUDER OF FOUNTAINHALL Subject_2 SUMMER SESSION.
The Creditors of Ruthven of Dunglass competing
Date: 7 February 1679
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In the case of the competition of the Creditors of Ruthven of Dunglass, between an infeftment and an apprising; I hear that the Lords found, where a bond which is the ground of one's infeftment, is prior to a comprising and the complete diligence following thereupon, and that the party is infeft upon that bond before the compriser is infeft; that this is sufficient to bring him in pari passu with the appriser. As also it was again found in the case of William Maxwell against Sir David Dunbar.
