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Scottish Court of Session Decisions >>
Forbes of Lavock v Buchan. [1680] Mor 265 (21 December 1680)
URL: http://www.bailii.org/scot/cases/ScotCS/1680/Mor0100265-036.html Cite as:
[1680] Mor 265
Subject_1 ADJUDICATION and APPRISING. Subject_2 RANKING of ADJUDGERS and APPRISERS.
Forbes of Lavock v. Buchan
Date: 21 December 1680 Case No. No 36.
An apprising, led two years before the first effectual one, brought in pari passu.
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The Lords brought in a comprising, led two years before the first effectual one, perfected by infeftment, pari passu, as if it had been within year and day of it, though the 62d act, Parliament 1661, seems only to speak of apprisings posterior to the first effectual one, and not of prior apprisings, except they be within year and day of them.—2dly, They found such a comprising, coming in pari passu, gave a right to the lands pro indiviso; so that the one might binder the other from removing the tenants, unless he can instruct, that he will improve the writ, or get a better tenant by the removal.
