An apprising upon which no diligence proceeded for many years, found not to induce any mala fides, so as to prevent a subsequent voluntary disposition from being effectual.
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Thomas Hamilton having apprised certain lands from William M'cullbch of Myrton, in payment and satisfaction of certain sums of money owing by the said William to the pursuer: After his apprising, and long before the compriser took sasine, Myrton sold a part of the same lands to Thomas M'Culloch, who was infeft therein, and in possession by virtue thereof. Thomas Hamilton intented a reduction of this disposition and infeftment made to Thomas M'Culloch, in respect that it was made after the comprising, by which the analzier was so denuded of all the right and title he had, that he could not afterwards make disposition thereof in prejudice of the compriser.—Answered, That the reason of reduction was not relevant, because nothing had followed upon the pursuer's comprising for the space of six years, which might have put the defender in mala fide to buy the same lands from Myrton, viz, neither inhibitions executed, nor sasine taken upon his comprising.—Replied, That the denunciation of the lands to be comprised was a public deed, which, with the comprising following thereon, not only denuded the analzier of all right he had, but also put all others in mala fide to take any disposition from him of these lands, otherwise there should be no difference between a comprising, (which is real) and a contract of alienation.——The Lords, in respect of the long time that intervened between the comprising and sasine following thereon, during which he had done no diligence to get himself infeft upon his own comprising, Found the reason of reduction not relevant. But, if the compriser had been infeft soon after his comprising, or yet had charged the superior, or done other diligence to get himself infeft, the reason would have been thought most relevant to reduce on.
