Scottish Court of Session Decisions

Subject_1 BASE INFEFTMENT.
Subject_2 SECT. III.

Publication by Process of Mails and Duties, and Poinding of the Ground.

Competition Creditors of Langton

Date: 9 December 1691
Case No. No 17.

The citation of a few tenants was found as sufficient as if the whole had been cited, for all the baronies contained in a base infeftment, though distinct and not united.

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In several cases in this competition, the citation of a few tenants was found as sufficient as if the whole had been cited, for all the baronies contained in the base infeftment, though distinct and not united. 2dly, That citations in poinding of the ground, declaratorie, before the term of payment, were orderly and not precipitate; and that a reserved clause of relief, upon a partial distress, made public by possession, &c. made the right public as to the whole, though the other distresses did not emerge till some time after; and though the execution and possession could only be according to the present distresses, and proportionally as they did emerge. This was not voted, but declared at pronouncing. See Union.

Fol. Dic. v. 1. p. 88. Harcarse, No 626. p. 172.