Subject_1 ADJUDICATION and APPRISING. Subject_2 EXTINCTION of APPRISINGS and ADJUDICATIONS.
Malloch v. the Relict of David Boyd
Date: 26 June 1677 Case No. No 11.
In reckoning for intromission, a compriser stated expence of defending his light. This disallowed; but found, he might retain out of any surplus in his hands, expence of supporting the right, by which the competing compriser was benefited.
Click here to view a pdf copy of this documet : PDF Copy
A second compriser having pursued a declarator, that the prior comprising was satisfied by intromission; and the defender having, in the count and reckoning, given in an article of debursements for prosecuting and defending of processes concerning his right; the Lords found, That as to the extinguishing of the comprising upon the account of intromission, the expences in deducing the comprising and obtaining infeftment, were only to be allowed; but not any other extrinsic debursements: But the comprising being extinct and satisfied, if there were any surplus of mails and duties, for which the compriser was to be accountable, he might retain, off the first end of the same, such as were profitably expended, not only in relation to his own, but the pursuer's right.
Newhyth, Reporter.
Fol. Dic. v. 1. p. 21. Dirleton, No 458. p. 222.
