Subject_1 ADJUDICATION and APPRISING. Subject_2 GENERAL CLAUSE in APPRISING and ADJUDICATION.
The Apprisers of the Estate of Enoch competing
Date: 21 July 1680 Case No. No 3.
A general clause of all lands, ineffectual; but a barony, adjudged by name, comprehends all the lands of it contiguous, and includes mills and woods.
Click here to view a pdf copy of this documet : PDF Copy
There being two apprisers of Enoch within year and day; the one whereof has adjudged the barony of Enoch, with parts and pertinents; and the other, the lands of Enoch, with parts and pertinents, and all other lands belonging to the debtor, within the parish of, and sheriffdom of Dumfries: It was alleged, for the adjudger of the barony, That he only could have right to mills, woods, fishings, and others, that require special infeftments, or else erection into a barony; which is nomen universitatis, and comprehends these, though not expressed, and reaches to discontiguous tenements.——It was answered, 1mo, That the general clause, of all other lands, was sufficient to bring in that adjudger pari passu. 2do, That, though barony was not expressed in the adjudication, yet, Enoch being adjudged, all that is comprehended under that common designation, is carried thereby, with the pertinents thereof; and so mills, or woods, thereupon, unless they were forests, or a miln which is a separate tenement; and, whatever might be alleged, upon voluntary dispositions, where purchasers may see their author's rights, yet, in adjudications, where they cannot know the same, there ought to be the most favourable and extensive interpretation. It was replied, That the general clause can operate nothing; for the adjudger might as well adjudge a debtor's lands through all Scotland; and such general adjudications can be no foundation of infeftments, and cannot make any real right; and therefore the lands, or rights, adjudged must be named.
The Lords found the general clause, in the adjudication of lands undesigned, was null, and of no effect; but found, That, Enoch being adjudged, all lands, under that common designation, lying contiguous, and the mills and woods thereon, was carried thereby. *
Fol. Dic. v. 1. p. 10. Stair, v. 2. p. 786.
* See Corser against Durie, p 44. quarto Dic.; where the contrary seems to have been found.
