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Subject_1 DECISIONS of the LORDS OF COUNCIL AND SESSION, reported by SIR JAMES DALRYMPLE OF STAIR.
Date: The King's Advocate and Sir William Purves
v.
Lowes
19 December 1672 Click here to view a pdf copy of this documet : PDF Copy
Sir William Purves, having taken a gift of the waird and marriage of Lowes, pursues for the avail thereof. The defender alleged Absolvitor; because the ground of this marriage is the defender's father's infeftment upon an apprising; and it is offered to be proven, that the apprising was extinct, and satisfied by intromission
before his father's death; so that he died not vassal to the king. It was answered, Non relevat, unless, in the defunct's time, the apprising had been declared extinct, or an order of redemption used; for, albeit satisfaction of an apprising is receivable, by way of exception, amongst creditors, yet it is not competent against the king or his donatar, unless the apprising had been declared extinct in the defunct's life. The Lords found the defence relevant, that the apprising was extinct by satisfaction with intromission in the defunct's life, seeing thereby the former vassal's right revived, and needed no new infeftment. Vol. II, Page 137.
The electronic version of the text was provided by the Scottish Council of Law Reporting