Scottish Court of Session Decisions

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

Thomas Waddel
v.
Gordon of Craighlay

1686. December.

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In a pursuit, at the instance of posterior apprisers, within year and day, against the first, for a share of the rents and profits pro rata;—it was alleged for the defender, That, seeing they did not concur before now, and claim their share, he had right to uplift the whole for his own use; by which means he would be soon paid off; 2. The pursuers ought to pay the whole expense of the first appriser's diligence. The Lords repelled the first allegeance; and found, That the whole expenses should be first deduced off the defender's intromissions with the rents, and the remainder divided pro rata; and it appears reasonable that, if the first appriser or adjudger take his expenses this way, he cannot claim also the benefit of sheriff-fees and penalties in apprisings, or of the additional fifth part in adjudications; since that were double payment; and the posterior apprisers are not to be losers, but only advancers of the expenses.

Page 79, No. 323.