Scottish Court of Session Decisions

Subject_1 BANKRUPT.
Subject_2 DIVISION V.

Decisions upon the clause of the Act of 1696, declaring Heritable Bonds, &c. to be held as granted of the dates of the Sasines taken upon them.

Trustees of Matheson's Creditors
v.
Smith

1735. November.
Case No. No 263.

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An heritable bond was dated in June 1727. Infeftment was not taken on it till April 1729; by which time the granter had become bankrupt. The Court decided, as in the case of Merchiston No 261. supra; that the security must be held to be of the date of the sasine; consequently that it afforded no preference, and must be considered as a mere personal security. See The particulars voce Personal and Real.

Fol. Dic. v. 1. p. 86.