Scottish Court of Session Decisions

Subject_1 COMPETITION.
Subject_2 SECT. XI.

Apprisings and Adjudications with Voluntary Rights.

Mair
v.
Ballantine

1728. July.
Case No. No 69.

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In a competition betwixt an apprising and a voluntary disposition, the Lords in respect that the disposition was prior to the denunciation of the apprising, preferred the voluntary right completed by confirmation of the superior, although posterior to the charge upon the comprising, in regard the charge was only to be considered in competitions of diligences among themselves, but not with voluntary rights. See Appendix.

Fol. Dic. v. 1. p. 182.