Subject_1 ADJUDICATION and APPRISING. Subject_2 RANKING of ADJUDGERS and APPRISERS.
L Bearford v. Tenants of Craig
Date: 20 February 1683 Case No. No 21.
The expence of changing from ward to tax-ward, was not allowed the first appriser, the others taking no benefit thereof.
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In the action of mails and duties, pursued by the Laird of Bearford against the Tenants of Craig, Sir James Turner having compeared, and craved preference, in regard he being a compriser, was first infeft, and that Bearford, who was the other compriser, could not come in pari passu unless he paid the expences of his infeftment, conform to the act of Parliament, and also L. 1000 of expences for changing the holding of the said lands from Ward or tax-ward: And it being replied for Bearford, the other compriser, that the act of Parliament appointed the first effectual appriser to be reimbursed of his ordinary necessary expences, in expeding of his infeftment, but made no mention of the expences of taxing: And Bearford declared, that he made no use of the tax-ward holding: It was further alleged for Sir James, that his comprising being expired, he behoved to pass a new infeftment, conform to a clause in the end of all charters, obliging them so to do; at the least, he ought to have allowance of so much of his expences expended in the changing of the holding, as was necessary for passing an ordinary second infeftment upon the expired apprising. The Lords refused to allow the expences of the changing of the holding, being restricted to the ordinary expences of a simple infeftment, after the expiring of the comprising; in regard, the second infeftment would not be profitable to the other comprisers, seeing, after expiration of the legal, they behoved to expede infeftment upon their own comprising.
Fol. Dic. v. 1. p. 19. President Falconer, No 50. p. 28.
