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Guthrie, Supplicant. [1625] Mor 212 (30 July 1625)
URL: http://www.bailii.org/scot/cases/ScotCS/1625/Mor0100212-008.html Cite as:
[1625] Mor 212
Subject_1 ADJUDICATION and APPRISING. Subject_2 NATURE and EFFECT of this DILIGENCE.
Guthrie, Supplicant
Date: 30 July 1625 Case No. No 8.
The Lords refused to allowan apprising, after the death of the party against whom it was led.
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A supplcation was given in to the Lords by Richard Guthrie, servitor to Mr John Sharp, who had deduced a comprising against Sommerville of Humby, which comprising he desired to be allowed by the Lords:——This supplication was not granted; for the Lords found, That after the death of the party, against whom the comprising was deduced, such comprisings ought not to be allowed, nor given in, nor received by the clerk; and Sommerville of Humby was deceased, before this comprising was craved to be allowed. In these cases, it is to be considered, what should be done by the compriser, to make his comprising effectual, and to be allowed; for it is not reasonable, that the intervening, or subsequent death of his debtor, should frustrate his right or diligence, but he has competent action thereupon, against the superior, to enter him; albeit not by such summary charges upon deliverance.
