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You are here: BAILII >> Databases >> Scottish Court of Session Decisions >> Competition Dempster and Lady Kinloch. [1750] 2 Elchies 143 (13 June 1750) URL: http://www.bailii.org/scot/cases/ScotCS/1750/Elchies020143-010.html Cite as: [1750] 2 Elchies 143 |
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[1750] 2 Elchies 143
Subject_1 COMPETITION.
Date: Competition Dempster and Lady Kinloch
13 June 1750
Case No.No. 10.
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In Dempster's case, mentioned voce Forfeiture, Dempster being preferable on his heritable bond to Lady Kinloch, because his sasine was first registrated, the Lady objected that he could not be preferred for the whole L.20,000, but only the L.8735, the sum then advanced, and that he was not at all creditor, far less a real creditor, for the remainder till December
1743. Answered: He was creditor, and a real creditor for the whole sum from the date, only Sir James was creditor to him by his counter obligation, and numberless such transactions are daily made both in sales, in wadsets, and infeftments of annualrent. The Lords by the narrowest majority preferred Dempster, but on a reclaiming bill, they altered and preferred the Lady as to all but the L.8 735 advanced.
The electronic version of the text was provided by the Scottish Council of Law Reporting
