H A DOUGLAS & Ors, (Stein's Assignees) v GEORGE DUNLOP & COMPANY (Court of Session)

Upon the 17th day of July 1811, John Hogg and his wife executed a bond and disposition in security over a tenement of houses belonging to them in Greenlaw, in favour of Dunlop and Company, for security and payment of L. 129 : 6 : 2; and infeftment passed, upon the same day, in favour of the disponees.

On the 20th day of July 1811, Hogg and his wife executed a bond and disposition in security over the same tenement in Greenlaw, in favour of Mr Stein, in security for the sum of L.140; and infeftment was passed, upon the same day, in favour of Mr Stein.

Both instruments of sasine were, upon the 11th day of September 1811, presented to the Keeper of the Particular Register of Sasines at Greenlaw, by the same person, and at the same time, viz. betwixt the hours of 11 and 12. Both instruments were entered in the Minute-book, and were duly recorded. The sasine of Dunlop and Company stands first in point of order upon the record.

In 1813, Dunlop and Company sold the tenement of houses in question to Purves, tailor in Greenlaw, for L.300, and granted a disposition, upon which Purves has since possessed the subjects and drawn the rents. The sale was conducted by Mr Wilson, who was agent both for Mr Stein and Dunlop and Company. Wilson paid Dunlop and Company the amount of their claim, with interest and expenses, and retained the balance in his own hands.

Mr Stein's assignees, in 1826, raised an action against Dunlop and Company and Purves for payment of the L.140, with interest since 1811, and expenses.