Subject_1 ADJUDICATION and APPRISING. Subject_2 ADJUDICATIONS and APPRISING pass periculo petentis; and all Defences are reserved contra executionem, unless instantly verified.
Black v. L Pitmedden.
Date: 10 July 1632 Case No. No 19.
The law of the above cases altered, and the superior obliged to infeft the appriser, without instructing his author's right.
Click here to view a pdf copy of this documet : PDF Copy
One Black, upon a comprising of lands from his debtor, charges Pitmedden to infeft him, as being superior of the lands; who suspending, that the lands pertained to him in property, and were so possessed by him, and his authors, these thirty-six years bypast, so that he ought not to be compelled to infeft any in his property: This was repelled, and the compriser ordained to be infeft, without prejudice of Pitmedden's right of the property, which the Lords declared should not be hurt by this infeftment; but only found, that the compriser should be in that same state, for his right, as the author might have been, from whom he comprised, and would not put the parties to dispute upon their rights in this judgment.
