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You are here: BAILII >> Databases >> Scottish Court of Session Decisions >> Lamberton v Hilton Johnstoun. [1683] 2 Brn 41 (00 March 1683)
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Subject_1 DECISIONS of the LORDS OF COUNCIL AND SESSION, reported by SIR ROGER HOG OF HARCARSE.
Lamberton
v.
Hilton Johnstoun
1683 .March .Click here to view a pdf copy of this documet : PDF Copy
Pled, but not decided, that a creditor comprising the debtor or his cautioner's lands, equivalent to the value of his debt, could not, after expiring of the said apprising, apprise again, for the same debt, any other lands belonging to them, although he might have done so within the legal; seeing the creditor's selling the lands apprised within the legal, to others, would have imported satisfaction of his debt; so his retaining the same, till the legal expired, must have the like effect, since an apprising is a judicial sale. Here, the creditor had disponed the expired apprising to one of the cautioners, whose lands were denounced after expiring of the legal, and who, having satisfied the creditor, was recurring against the co-cautioners for relief.
Page 69, No. 293.
The electronic version of the text was provided by the Scottish Council of Law Reporting