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Cite as: [1691] Mor 33

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[1691] Mor 33      
Subject_1 ACCESSORIUM SEQUITUR PRINCIPALE.

Creditors of Langton

 Date: 8 July 1691
Case No. No 11.

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Old Langton, having given a public infeftment to his son, for relief of cautionry, not for the payment of creditors, without any enumeration of creditors; it was found, That the creditors have not the privilege and right of the infeftment; so that young Langton might prefer some; or renounce the whole again to his father; or one creditor might prevent another by diligence; but young Langton being insolvent, could not grant voluntary rights, in prejudice of anterior diligence.

 Fol. Dic. v. 1. p. 2. Harcarse, p. 171.

The electronic version of the text was provided by the Scottish Council of Law Reporting     

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URL: http://www.bailii.org/scot/cases/ScotCS/1691/Mor0100033-011.html