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Scottish Court of Session Decisions >>
Scot v Tenants of Whitslaid. [1628] Mor 207 (5 March 1628)
URL: http://www.bailii.org/scot/cases/ScotCS/1628/Mor0100207-002.html Cite as:
[1628] Mor 207
Subject_1 ADJUDICATION and APPRISING. Subject_2 NATURE and EFFECT of this DILIGENCE.
Scot v. Tenants of Whitslaid
Date: 5 March 1628 Case No. No 2.
Effect of a simple decree of apprising.
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In an action for mails and duties, betwixt Andrew Scot surgeon, and tenants of Whitslaid, the Lords found a comprising of the lands libelled, whereof the duties were acclaimed by the pursuer, was not a sufficient title to produce action to him; except he had been either seased in the lands by virtue of his comprising, or had done diligence to obtain himself seased, by charging of the superior, who had refused, or such other lawful diligence.
Act. Craig.Clerk, Scot.
Fol. Dic. v. 1. p. 14. Durie, p. 354.
*** But now, as to mails and duties, a decreet of apprising is understood to be an effectual diligence, and equivalent to an assignation intimated; as to which, See Competition.
