Scottish Court of Session Decisions

Subject_1 DECISIONS of the LORDS OF COUNCIL AND SESSION, reported by SIR JAMES DALRYMPLE OF STAIR.

Sharp of Houston
v.
Glen

Date: 16 February 1666

Click here to view a pdf copy of this documet : PDF Copy

Glen pursues for mails and duties of some lands. Houstoun compears, and alleges, That he has right to these lands, by an apprising expired. It was answered, His apprising was null; because it proceeded on four bonds, the term of payment of one whereof was not come the time of the apprising; and so, not being due, the apprising was void quoad totum. It was answered, The sum was due, albeit the day was not come; and so being but plus petitum tempore, he was willing to admit the apprising to be longer time by the double, redeemable after the legal were expired, than all the time he apprised before the hand. The Lords found the apprising void as to that sum. Whereupon occurred to them to consider whether the apprising should fall in totum, or stand for the other three bonds; and, if it stood for these, whether a proportionable part of the lands apprised, effeiring to the bond, whereof the term was not come, should be found free, or if the rest should affect the whole lands, as if for these only the apprising had been led. Wherein the Lords were of different opinions, and recommended to the reporter to agree the parties.

Vol. I, Page 358.