Possession on Adjudication – Redemption – Heritable Creditor – Assignation.
Held that though possession had followed on an adjudication, the legal of which was expired, but no infeftment had followed, that the right was still redeemable, and that when such preferable heritable creditor gets possession of the estate, over which his own and other securities extend, a second creditor, who offers payment of the preferable debt so secured, is entitled to come in his place, and demand an assignation to his debt: also held, that this doctrine applied to a widow who had her liferent jointure secured over the estate, and that she was in the eye of law a creditor, entitled to such an assignation on offering payment.
Citations:
[1759] UKHL 2 – Paton – 27
Links:
Jurisdiction:
England and Wales
Land
Updated: 21 July 2022; Ref: scu.558278