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Subject_1 DECISIONS of the LORDS OF COUNCIL AND SESSION, reported by SIR ROGER HOG OF HARCARSE.
Date: The Marquis of Queensberry
v.
Stuart
8 March 1682 Click here to view a pdf copy of this documet : PDF Copy
My Lord Queensberry having intented reduction and improbation, and obtained certification as superior, against Morton, a little time after Achinbyne had apprised from him; and one Sharp having apprised from Morton after the certification, and the superior having bought in the first apprising;—the second appriser contended, That he ought to be allowed to redeem the first. Alleged for my Lord Queensberry: That the certification in his improbation did as effectually denude the vassal, as if he had resigned ad remanentiam, or disponed the legal reversion of the first apprising before the second was led; and so Sharp had no interest to redeem the first apprising, seeing the legal was not carried by his apprising; yea, though the superior had not acquired the first apprising, he, by virtue of his certification, would have been preferred to redeem it, and would have excluded the second appriser. The Lords sustained the allegeance made for Queensberry.
Page 65, No. 274.
The electronic version of the text was provided by the Scottish Council of Law Reporting