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Sir John Wemyss having a commission from the Parliament to lift the maintenance when he was General Commissary, charges the Laird of Touchon for his lands, who suspended on this reason, That, by that act and commission, singular successors are excepted. The pursuer answered, That the act excepteth singular successors who bought the lands, but the suspender is apparent heir, and bought in apprisings for small sums; and as wadsetters are not freed as singular successors nor apprisers within the legal, so neither can the suspender; for albeit the legal as to the appriser be expired, yet the act of Parliament between debtor and creditor makes all apprisings bought in by apparent heirs redeemable from them, on payment of the sums they bought them in for, within ten years after they bought them; and, therefore, as to Touchon, who is apparent heir, he is in the same case with an appriser within the legal.
Which the Lords found relevant, and decerned against Touchon.
1669. January 2.—Sir John Wemyss having charged Touchon for maintenance, due in anno 1648 or 1650, conform to act of Parliament, and commission granted to him, and decreet of the Lords; Touchon suspends on this reason, That singular successors are free by the act, and he is a singular successor by apprising. It was answered, That the exception of the act was only in favour of singular successors who had bought the lands, which cannot be extended to apprisers, who oft times have the lands for far less than the true price.
The Lords found the act not to extend to apprisers, unless the sums were a competent price for the land apprised; and, therefore, found the letters orderly proceeded.
