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Scottish Court of Session Decisions |
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You are here: BAILII >> Databases >> Scottish Court of Session Decisions >> Rollo of Woodside v The Creditors of Cockburn of Langtoun. [1692] 2 Brn 131 (00 February 1692) URL: http://www.bailii.org/scot/cases/ScotCS/1692/Brn020131-0354.html Cite as: [1692] 2 Brn 131 |
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[1692] 2 Brn 131
Subject_1 DECISIONS of the LORDS OF COUNCIL AND SESSION, reported by SIR ROGER HOG OF HARCARSE.
Rollo of Woodside
v.
The Creditors of Cockburn of Langtoun
1692 .February .Click here to view a pdf copy of this documet : PDF Copy
Found, in Rollo of Woodside's case, That his infeftment of property, in security, could not be clothed by Langtoun the debtor's paying annualrent, but only by payment made by the tenants, possessors of the lands infeft, in or by a decreet, or a depending process against them; February 3, 1692. Thereafter,—upon a bill given in, representing a distinction between wadsets and infeftments for security, which, like infeftments of annualrent, may be clothed by any payments,—2. That Langtoun was in the natural possession of the lands the time of the payment; and, therefore, payment by him was equivalent as if it had been made by tenants. The Lords found the last representation in the bill relevant.—February 1692.
Page 172, No. 627.
The electronic version of the text was provided by the Scottish Council of Law Reporting
