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Agnes Hay, and Wallace her Husband, v Birdy of Aslick. [1695] Mor 13560 (12 February 1695)
URL: http://www.bailii.org/scot/cases/ScotCS/1695/Mor3213560-043.html Cite as:
[1695] Mor 13560
Agnes Hay, and Wallace her Husband, v. Birdy of Aslick
Date: 12 February 1695 Case No. No 43.
Found in conformity to Brown against Porterfield, supra.
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The preferable appriser objects against Aslick, that his adjudication is not allowed, and so cannot come in pari passu with him. Answered, A posterior adjudger first allowed might object this, and seek preference; but you who have the first effectual apprising or adjudication cannot; because, by the 62d act, Parl. 1661, I am made a part of your right, as if we were all in one. The Lords found this objection not competent to him.
Fol. Dic. v. 2. p. 332. Fountainhall, v. 1. p. 668.
