Scottish Court of Session Decisions

Subject_1 COMPETITION.
Subject_2 SECT. XV.

Annualrenters; - Adjudgers; - Inhibiters; - Assignees, &c.

Creditors of Kirkconnel Competing

1739. December.
Case No. No 98.

Annualrent rights, granted by a debtor before his infeftment, are ranked according to their dates, as if the debtor had been first infeft.

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John Gordon purchased the lands of Kirkconnel at a public sale; and, before he himself was infeft upon his decreet of sale, granted several heritable bonds, upon which the creditors took infeftment at different times. In a competition of his creditors, it was pleaded for the latest annualrenters, That the annualrent-rights, being originally ineffectual as to any real right upon the land, were validated by the common debtor's infeftment, and no sooner; and therefore, that they ought all to be ranked pari passu; as no creditor can maintain that his real right is of an earlier date than that of his competitor.

‘The Court, notwithstanding, preferred the creditors according to the dates of their infeftments, in the same manner as when granted by a debtor infeft.’

Rem. Dec. v. 2. No 11. p. 24.