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.

David Stevenson
v.
The Laird of Craigmillar

1624. January 23. and February 3.

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David Stevenson, having comprised from Patrick Edgar certain lands, charged the Laird of Craigmillar, as superior, to enter him thereto: He suspended, because he had comprised the same lands himself, by virtue of an assignation made to him, by Clement Edgar, of a decreet recovered by the said Clement against Patrick Edgar; and so had consolidated in one both the superiority and property. It was alleged, That he could not obtrude that comprising upon that assignation, unless it were transferred by decreet, since there had followed no execution during the cedent's lifetime upon that assignation. Replied, That his comprising standing, could not be taken away hoc modo by way of exception, but behoved to be reduced. Which reply the Lords found relevant.

Upon the 3d of February after, Craigmillar's comprising upon assignation lawfully intimated before the cedent's death, was sustained; because his right was thought to be sufficiently established by the intimation, and needed no transferring.

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