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Forbes of Watertoun pursues reduction of an apprising ex capite inhibitionis. The defender alleged absolvitor, because the bond which was the ground of the inhibition is satisfied, in so far as there followed thereupon an apprising, which came in the person of the debtor's apparent heir, and so is redeemable from him for the sums he truly paid, by the act 1661, cap. 62, betwixt debtor and creditor; and it is offered to be proved, that the sums he paid are satisfied by intromission with the rents of the apprised lands, or what is wanting the defender will instantly satisfy or purge. It was answered, That albeit the act of parliament had declared that apprisings might be satisfied by payment of the true sums paid for them by the apparent heir, that cannot extend to this bond, or inhibition, or reduction thereupon; for the pursuer may pass from his apprising, and yet make use of the bond, and this allegeance will only be relevant when he insists upon his apprising.
The Lords found the defence relevant, that the satisfaction of the apprising on the bond did to all effects satisfy and extinguish the bond itself.
