Scottish Court of Session Decisions

Subject_1 DECISIONS of the LORDS OF COUNCIL AND SESSION, reported by SIR ROGER HOG OF HARCARSE.

Sir Daniel Carmichael
v.
James Johnston

1682. March.

Click here to view a pdf copy of this documet : PDF Copy

A wadsetter, who had right to the reversion of an apprising, having used an order of redemption,—the Lords found, That the appriser should, upon payment, assign his apprising to the wadsetter; seeing the appriser had no other debt resting to him, and so could have no prejudice by assigning; albeit the appriser contended, that he was only obliged to renounce:—but found, That the assignation should bear a provision, that, by the acceptation thereof, the apprising should only have the effect of a security for the sum paid to the appriser, and not expire in prejudice of the debtor, or his other creditors: for it was considered, that, by the acceptation thereof, the apprising should only have the effect of a security for the sum paid to the appriser, and not expire in prejudice of the debtor or his other creditors: for it was considered, that, by the assignation to the reversion, the creditors should not be worse than if the debtor had redeemed; quo casu the right of apprising would have been extinguished, and the benefit had accresced to the creditors, though, if it had been a posterior apprising, there would have been no necessity for an assignation.

Page 65, No. 275.