Subject_1 ADJUDICATION and APPRISING. Subject_2 FORMALITIES of the DILIGENCE.
Brown v. Nicol
Date: 16 January 1680 Case No. No 2.
An apprising sustained; although, at the time of execution, the letters had been blank in the description of the lands.
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John Brown, having right by progress, to an apprising of some tenements in Edinburgh, pursues reduction of an anterior apprising, whereunto John Nicol has right; on this reason, that the apprising was without warrant; because the letters of apprising did not contain the tenements apprised, neither does the special charge to enter heir comprehend the said tenements; but both it, and the letters of apprising, were blank as to the particular lands, and the blank is now scored out; neither does the execution of the special charge express the lands.—It was answered, That the messenger who is judge to the apprising, was the same that executed the special charge; and the apprising itself is the execution of the letters of apprising, and bears expressly, That the messenger by virtue of the special charge, did charge the debtor's heir to enter nominatim to the tenements in question; that he denounced the same tenements, which accordingly were apprised: So that, though there were no execution for the special charge, except the apprising, it is sufficient, and a most solemn execution, especially after so long time.
The Lords sustained the apprising, notwithstanding of the said blanks.
