Subject_1 ADJUDICATION and APPRISING. Subject_2 APPRISING.
L Ley v. Stuart
Date: 13 December 1623 Case No. No 4.
An apprising was sustained, though no search for moveables was made at the dwelling house, which was distant from the lands.
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In an action, L. Ley against Alexander Stuart and Forsyth of Dykes, the Lords sustained a comprising, which was quarrelled, and alleged to be null; because it bore not, that the officer searched and sought for the moveable goods pertaining to the party, whose lands were comprised at his dwelling place; and, that the searching upon the ground of the lands comprised, was not enough, except that execution had been also used at the dwelling place of the party, as said is, albeit he dwelt off the ground of the lands comprised:—Which allegeance was repelled; for the Lords found it not necessary to seek at the dwelling place; which was not upon the ground of the lands comprised, but distant therefrom. This was proponed as an objection against the comprising, and not used in an action of reduction intented upon that ground.
Act. Hope and Mowat.Alt. Nicolson younger.Clerk, Scot.
Nota.—A sentence of comprising will not have all the executions and the acts of the process, specifice, insert in the sentence; as they were executed and done punctually in all circumstances; but only will make a compendious relation thereof: As, for example, the same will not make mention, if the party was summoned personally, or at his dwelling place, but only that the officer cited him lawfully; and therefore comprisings, when they are questioned by reductions, the whole process and executions, and warrants thereof, are called to be produced, which will largely purport the manner and form of all the particular proceedings therein.
