Scottish Court of Session Decisions

Subject_1 DILIGENCE.
Subject_2 SECT. III.

Diligence Prestable by Annualrents.

Sir Jonh Aiton
v.
Adam Watt

Date: 26 July 1662
Case No. No 19.

In a competition of two annualrenters on the same lands, the first was allowed 40 days after each term to do diligence, after which it should be lawful for the second to do diligence.

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Adam Watt being first infeft in an annualrent out of Whitland's estate, comprised for some of the bygone annualrents; Sir John Aiton being infeft after him in an annualrent of the same, lands, alleges that Adam hinders him to uplift the duties or poind the ground for his annualrent, and yet lets them ly in the common debtor or tenant's hands until his apprising expire, and there-fore alleges that Adam Watt ought either to intromit, and do exact diligence, and impute the same in his comprising, or suffer Sir John to do diligence, or at least, that both may do diligence effeiring to their sums.

The Lords found, That Adam Watt ought to be liable for diligence in time coming, in uplifting the rents to satisfy his apprising; and as to the annualrent, found, That after 40 days after each term in which Adam, as the first annualrenter, might poind the ground, it should be liesom for Sir John, as the second annualrenter, to poind the same, without respect to Adam Watt's prior infeftment, if he did not diligence thereon within 40 days after ilk term.

Fol. Dic. v. 1. p. 238. Stair, v. 1. p. 138.