Scottish Court of Session Decisions

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

Robert Hepburn
v.
Sir James Turner

1683. February.

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Posterior apprisers of ward-lands, within year and day of the first effectua appriser, (who had taxed the ward, and paid a great composition to the superior,) craving to come in pari passu with him after the expiring of his apprising; —it was alleged for the first effectual appriser, That the other co-apprisers behoved not only to pay a share of the expenses of his apprising, but likewise a share of the composition for taxing the ward-lands; seeing the king's charter of apprising contained a clause, that, after expiring of the legal, a new infeftment should be expede; and the said first appriser, having a separate estate, which might be affected by the marriage-casualty, if the ward should fall, was obliged to get it taxed, which is profitable to the pursuer. Answered for the posterior apprisers, They are content to take their hazard of the casualties of ward and marriage, and, not being in the like circumstances of danger, cannot be obliged to pay any share of the taxing: therefore, the first effectual apprising being expired, the lands must divide, and the obtainer must expede his own infeftment. The Lords found the posterior apprisers not obliged to bear a proportion of the composition paid for the taxing, but declared, that if, at any time, they should make use of the benefit of the taxing, they should be liable in a share of the composition.

Page 67, No. 288.