Scottish Court of Session Decisions

Subject_1 DECISIONS of the LORDS OF COUNCIL AND SESSION, reported by SIR ALEXANDER GIBSON, OF DURIE.

Patrick Mug
v.
Campbell

Date: 23 January 1635

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Patrick Mug, for the sum of 500 merks, having comprised his debtor's lands, and being thereupon infeft, obtains decreet of removing before the sheriff of Perth, against one Campbell, he not compearing; who suspends, that he was infeft before the comprising; and the other opponing his decreet standing, and, notwithstanding thereof, answering also, that he would be content to receive that reason, and the verification thereof in this same place, to be tried hoc ordine, if his reply thereto shall be also received in this place, viz. that the common debtor was inhibited by the compriser long before any right made to this suspender; and which, he alleged, was as great reason should be received hoe ordine, against that infeftment, as the said infeftment might be received against the decreet standing against this same party, and against this comprising also, and infeftment standing, obtained by him upon his great charges, being a poor man, and for a small sum; which required summary process; and if not, that they both alike should be either put to reduce, or else both should be summarily discussed. Notwithstanding whereof, the reason of suspension was instantly received, the infeftment being instantly produced to verify the same; albeit the suspender's possession was not instantly verified; and the compriser was put to reduce upon his inhibition.

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