Subject_1 ADJUDICATION and APPRISING. Subject_2 What SUBJECTS are carried by APPRISING and ADJUDICATION.
Lady Huttonhall v. Cranston
Date: 21 July 1631 Case No. No 9.
An apprising of a tack of teinds, found to carry a back-bond, which an assignee to the tack had granted, to retrocess when required.
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The Lady Huttonhall being constituted assignee by her husband, to a tack of the teinds of these lands and others, fought this tack to be delivered to her by Alexander Cranston of Moriston.—Alleged, That she, by her back-bond, given at the making of the assignation, obliged herself to renounce the same, and repone her husband in his own place, whenever he should require her so to do, at any time before his decease; the defender having comprised all right, that her husband had to the said teinds, the said back-bond fell under the same, so that the right to require, now appertained to the defender.—Replied, The back-bond was only personal to the husband, and could not belong to a singular successor; and albeit it might; yet in respect he had not required her during her husband's life, he could not do it now.—Duplied, A reversion which is strictissimi juris, yet is comprisable. As to the requiring, he may do it yet if he please; but he had done the equivalent to a requisition, even in the husband's time, viz. He had served inhibition in his own name.——The Lords found the back-bond comprisable. But in respect, the compriser had not required her to repone him in her husband's lifetime; they repelled the exception.
