Subject_1 ADJUDICATION and APPRISING. Subject_2 What SUBJECTS are carried by APPRISING and ADJUDICATION.
Harper v. Cockburn and Johnston
Date: 16 February 1633 Case No. No 10.
An apprising does not carry the duties, falling due between the denunciation and the decree.
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Beatrix Johnston having comprised from Cockburn of Borthwick, his lands, upon a denunciation after Whitsunday, and being seized before Martinmass thereafter, and thereby claiming the whole year's duty of the lands, being victual farm, after the terms of Yule and Candlemas were past; and another creditor of this Cockburn's, having, after the denunciation, arrested the saids farms; The Lords found, That the arrester ought to have the half year's farm, viz. The Whitsunday's duty, and that the compriser ought to be answered only of the other half of that year's duty; albeit the denunciation was before the arrestment, and albeit the compriser alleged, that his prior denunciation, and subsequent perfected comprising, and sasine also expede before the Martinmas, affected all that year's duty, and gave her only right to the land; and that year's fruits thereof, quia fructus soli, præsertim fructus pendentes, sunt pars fundi: And seeing the ground is her's, so must the farms; otherways the arrester must have the like right to the Martinmas duty as to the Whitsunday, he having arrested before the term, and before his comprising was perfected; specially also, the lands being set for victual to be paid at a term, and not for silver duty, payable at Whitsunday and Martinmas equally; which was repelled.
Act. Craig.Clerk, Gibson.
Fol. Dic. v. 1. p. 10. Durie, p. 674.
