A Superior may redeem Apprisings led against his Vassal.
Brown v. Abbot of Dunfermline
1566. Case No. No. 81.
The superior's offer to redeem apprisirigs must be made tempestive, and therefore an offer at the Bar, after three consecutive charges, was not sustained.
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Anent the action between Brown of Fordel and the Abbot of Dunfermline, the said Brown obtained a decreet of the Lords against the Laird of Grange, for certain sums of money, for which sums the said Brown apprised certain lands pertaining to the said Laird of Grange, which lands were holden of the Abbot of Dunfermline; upon which apprising, the said Brown obtained letters by deliverance of the Lords in all the four forms, charging the said Abbot to receive the said Brown immediate tenant of the said apprised lands; alter which charge the Abbot meaned him to the Lords, desiring the said letters to be suspended for certain causes contained in the said Abbot's supplication; upon which the said Lords suspended the said letters, and ordained to summon the parties to a certain day, to here the said latters suspended simpilciter for the causes contained in the said Abbot's supplication, or to show a reasonable causd why the same should not be done: The said Ietters being called, both the said parties compeared before the Lords. It was alleged by the said Abbot, that the said letters charging him to receive the said Brown immediate tenant to him of the said apprised lands, were evil given, because in respect of the act of Parliament, which bore, that the superior of the lands may take the apprised lands to himself, paying the sums to the creditor, for which they were apprised. It was alleged by the said Brown, that albeit the said act had borne a provision, yet the said letters of four forms should not be suspended, because, if the superior of lands apprised would hold the lands to himself, he should incontinent pay the said Abbot, because there were three charges of the said letters given to the said Abbot, and certain days between every charge: And also, the said Abbot had purchased suspension of the said letters by sinister information to a long day, at which day the said letters of suspension beings called, and the matter reasoned before the Lords and left in their hands, and all this time never offered the party to pay him the sums contained in the apprisings for which he would hold the lands to himself, and have the said letters suspended; and thereafter the said matter being in the said Lords' hands for the space of eight or ten days, and then being wakened by the parties, who both compeared before the Lords, and yet never silver offered at this time by the said Abbot to the said creditor; but at the last compearance of the Abbot, he offered a purse, wherein the said sum that the lands were comprised for was, which he offered to the said Brown present at the Bar, to which the said Brown answered, that the said offer was over-late and out of time, and therefore his letters of four forms should have farther execution; which allegeance of the said Brown was admitted by the Lords, and ordained the said letters to have farther execution against the said Abbot, notwithstanding the Abbot's allegeance and offer foresaid, which was thought by the Lords over-late and out of time.
