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Scottish Court of Session Decisions >>
Hop-Pringle v Ker. [1624] Mor 66 (29 January 1624)
URL: http://www.bailii.org/scot/cases/ScotCS/1624/Mor0100066-005.html Cite as:
[1624] Mor 66
Subject_1 ADJUDICATION and APPRISING. Subject_2 APPRISING.
Hop-Pringle v. Ker
Date: 29 January 1624 Case No. No 5.
A previous search for moveables is unnecessary incomprisings of superiotities.–It is not sufficient to search at the principal place of diverse lands, although united into a barony.
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In an action, Hop-Pringle against Mark Ker and L. Borthwick, the Lords found, That where superiority of lands are comprised from the superior, there is no necessity to use any execution of searching and seeking; but that these comprisings shall be sustained, although that execution be not used; seeing it is not probable, that the superior could have any goods upon that land, whereof he was naked superior only, and whereof the property pertained to another; and also they found, That in all other comprisings of the property of lands where diverse lands were comprised, notwithstanding that the diverse lands were valued in one barony or tennandry; yet, that the execution of searching of the moveable goods, should be used upon the ground of every land, denounced to be comprised; and that, where the foresaid union was, it was not sufficient, to search at the principal place, and upon the ground of that land, to the which the rest of the lands comprised, were united, and where the sasine was appointed to be taken; but that the searching should be at all the lands, otherways the comprising to be null.
Act Hope.Alt. Nicolson and Oliphant.Gibson, Clerk.
Fol. Dic. v. 1. p. 5. Durie, p. 103.
