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You are here: BAILII >> Databases >> Scottish Court of Session Decisions >> Carstairs of Radairny v Brown and Fothringham of Powrie. [1724] 5 Brn 151 (29 January 1724) URL: http://www.bailii.org/scot/cases/ScotCS/1724/Brn050151-0149.html |
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Subject_1 DECISIONS of the LORDS OF COUNCIL AND SESSION, reported by JOHN EDGAR, ADVOCATE.
Date: Carstairs of Radairny
v.
Brown and Fothringham of Powrie
29 January 1724 Click here to view a pdf copy of this documet : PDF Copy
Carstairs of Radairny having adjudged certain lands from Alexander Laing, in January, 1698, and recorded an abbreviate of his adjudication in March thereafter ; Fothringham of Powrie, in October, 1698, executed a summons of reduction and improbation, wherein he called the said Laing, but not the adjudger; and having obtained a decreet of certification in absence, he thereafter disponed the lands.
In a competition betwixt Radairny and a singular successor of Powrie, the Lords found, That though neither infeftment nor a charge against the superior had followed on the adjudication, yet the decreet of certification could not strike against it; in respect the adjudication was prior to the citation in the improbation.
Act.— Alt. Alex. Hay. Lord Cullen, Reporter. Mackenzie, Clerk. page 10.
The electronic version of the text was provided by the Scottish Council of Law Reporting
