Scottish Court of Session Decisions

Subject_1 DECISIONS of the LORDS OF COUNCIL AND SESSION reported by SIR ROBERT SPOTISWOODE OF PENTLAND.
Subject_2 Such of the following Decision as are of a Date prior to about the year 1620, must have been taken by Spotiswoode from some of the more early Reporters. The Cases which immediately follow have no Date affixed to them by Spotiswoode.

George Pringle
v.
Mark Ker

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George Pringle, having comprised certain of ray Lord Borthwick's lands, intented a reduction of a prior comprising of Mark Ker's, of the whole lands of Borthwick. The defender alleged that he could have no interest by virtue of that comprising, because the solemnities appointed by the Act of Parliament, 1469, were not all used; in so far as there was no searching nor seeking for moveables upon the whole lands denounced. Answered, That he had searched at his dwelling place, and the lands thereabout, where it was most likely he should have had goods, and that he was no further obliged but only to seek at the principal messuage of lands united. After two days' contentious dispute, the Lords at last determined that it was necessary to search the grounds of all lands pertaining in property to him from whom they were comprised, and lying discontiguè, howbeit they were united in one barony; but, for lands whereof he had only the superiority, that there was no necessity to search. And so, because he had comprised of both these kinds, the comprising was partly sustained, and partly not; and it was thought no absurdity to divide the comprising thus, since the superiority and property of lands are heterogenea: so that a comprising being found in substance, for lack of formality, may partly fall, and stand in part.

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