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You are here: BAILII >> Databases >> Scottish Court of Session Decisions >> Jean Hay v Creditors of Castlehill. [1755] 5 Brn 834 (9 July 1755) URL: http://www.bailii.org/scot/cases/ScotCS/1755/Brn050834-1014.html Cite as: [1755] 5 Brn 834 |
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[1755] 5 Brn 834
Subject_1 DECISIONS of the LORDS OF COUNCIL AND SESSION. collected by JAMES BURNETT, LORD MONBODDO.
Date: Jean Hay
v.
Creditors of Castlehill
9 July 1755 Click here to view a pdf copy of this documet : PDF Copy
The said Jean Hay, wife of Castlehill, got a disposition in trust from her husband of certain lands, for the behoof of her children, with a precept of sasine, but whereupon she did not take infeftment till one creditor of her husband had adjudged, and taken infeftment upon the adjudication, and after him another creditor, within year and day of the first, but without infeftment; then the wife took infeftment upon her disposition, and the question came, betwixt her and the second adjudger, which of them was preferable? And the Lords unanimously found, That the wife was preferable ; upon this general principle of law,—that, in all competitions betwixt adjudgers and voluntary disponees, the first feudal right gave the preference, and that, in all such competitions,
the Act 1661 had nothing to do, which only respected the preference of adjudgers among themselves.
The electronic version of the text was provided by the Scottish Council of Law Reporting
