Subject_1 ADJUDICATION and APPRISING. Subject_2 ADJUDICATIONS and APPRISING pass periculo petentis; and all Defences are reserved contra executionem, unless instantly verified.
Ramsay v. The Earl of Rothes
Date: 23 March 1622 Case No. No 16.
The same found.
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Mr Simon Ramsay having comprised the lands of Corston, for the sum of 2500 merks, addebted to him by the L. of Corston, and having charged the Earl of Rothes superior, to infeft him therein, the Lords found, That the superior could not be compelled to infeft the compriser, except the compriser paid first to the superior a year's duty of the lands; albeit the compriser offered a year's annualrent of the sum, for the which he had comprised: Which the Lords found not sufficient, seeing he had not comprised an annualrent for his principal sum out of the lands, but that he had comprised the property of the land. In the same process, the Lords found, that the superior could not be compelled to receive the compriser, except that he show, that the person from whom he comprised, or some of his predecessors to whom he was apparent heir, was infeft of before in these lands, as vassals to the Earl of Rothes; without which were proven, the superior could not be charged. (See Superior and Vassal.)
