Scottish Court of Session Decisions

Subject_1 CONFIRMATION.
Subject_2 SECT. V.

Competition among Rights Confirmed.

Lord Sinclair
v.
Creditors of Langton

Date: 8 July 1691
Case No. No 23.

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My Lord Sinclair having presented a signature of confirmation of a right of relief (after he was distressed by a bare registration without a charge,) to the Exchequer, and taken instruments thereon, was brought in pari passu with those whose confirmations were past that same day his was presented; it being presumed, that if my Lord's had first past in the Exchequer, he would have got it sealed as soon as Carnwath's. A bill being given in against this interlocutor, as Contrary to a former in the same cause the preceding session, the Lords adhered, except as to the lands holding ward; 2do, Found, that a citation in a mails and duties, prior to a confirmation in Exchequer, was no cloathing of the the base right of relief; but answer was delayed as to the effect of a second citation, if it cloathed like a citation in a poinding of the ground, or if not, till decreet or possession followed.

Fol. Dic. v. 1. p. 194. Harcarse, (Infeftment.) No 623. p. 172.