The Lords appointed two advocates to be assessors in an apprising.
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Sir John Fletcher having bought the lands of Crainstoun, and finding that there was an apprising to be deduced thereof for his authors debt, which might cost him trouble; he craved assessors to be appointed by the Lords, who, considering the matter amongst themselves, it carried by the plurality of one or two, to name two advocates assessors, hut many were on the contrary, conceiving the example of it would be of great inconveniency, seeing apprisings were not with continuation of days, and if parties compeared, and alleged they were infeft, yet there may be inhibition, anterior reversion, or trust, or nullities in their right; and if these were denied, they behoved to be instructed, and so terms of probation run, while in the mean time the anterior diligence of others, apprisings in the country before the Sheriff would prevent them, and it would hinder any apprisings ever to be deduced at Edinburgh; and it were hard to put creditors, who knew not their debtors charter chest, to dispute their rights as in an executive process.
But the Lords inclined, that Sir John's infeftment should be rather produced, and reserved out of the apprising, than the apprising stopped.
