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Scottish Court of Session Decisions >>
Graham of Blackwood v Browns. [1665] Mor 262 (7 January 1665)
URL: http://www.bailii.org/scot/cases/ScotCS/1665/Mor0100262-033.html Cite as:
[1665] Mor 262
Subject_1 ADJUDICATION and APPRISING. Subject_2 RANKING of ADJUDGERS and APPRISERS.
Graham of Blackwood v. Browns
Date: 7 January 1665 Case No. No 33.
Manner of proportioning rents and expences among apprisers.
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John and William Browns having apprised certain lands, and William Graham having apprised the same, within a year after, pursues an account and reckoning against the first appriser, upon the last act of Parliament, betwixt Debtor and Creditor; and craves to come in pari passu with the first appriser, not only as to the mails and duties of the lands, intromitted with by the appriser, since the said act of Parliament; but also for those duties that were intromitted with before the said act; and that, because the act bears expressly, That such apprising shall come in pari passu, as if there had been one apprising led for both. It was answered, for the first appriser, that what he did uplift bona fide, before any process intented against him, at this pursuer's instance, he cannot pay back a part thereof to the pursuer; because he is bona fide possessor, and because the act of Parliament bears, That such apprisings shall come in pari passu; which, being in the future, must be understood to be from their intenting of process, at least from the date of the act, but not from the beginning.
The Lords having considered the tenor of the act of Parliament, found that such apprisings should only come in pari passu, from the date of the act; but that the bygones uplifted by the first appriser, before the act, should be accounted to him in his sum, but no part thereof repeated to the second appriser; and found, that the sums apprised for, principal and annualrent of both parties, should be restricted, as they were at the time of the act of Parliament, in one total sum; and the rent to be received from that time proportionally to the total sums; and that the first appriser should have allowance in his preceding intromisson, of the expences of the composition to the superior, and the charges of the apprising, without compelling the second appriser to pay him the same.
