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Scottish Court of Session Decisions |
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You are here: BAILII >> Databases >> Scottish Court of Session Decisions >> John Grĉme v The Creditors of Innergelly. [1683] 2 Brn 41 (00 March 1683) URL: http://www.bailii.org/scot/cases/ScotCS/1683/Brn020041-0113.html |
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Subject_1 DECISIONS of the LORDS OF COUNCIL AND SESSION, reported by SIR ROGER HOG OF HARCARSE.
John Grĉme
v.
The Creditors of Innergelly
1683 .March .Click here to view a pdf copy of this documet : PDF Copy
Found that the first infeftment upon an apprising, or the first exact diligence for obtaining the same, makes, by Act of Parliament, the first effectual apprising; and that a posterior infeftment, upon a prior apprising, cannot be drawn back in prejudice thereof; but that a bare charge against the superior is not the exact diligence the act requires, unless a charter and composition be also offered to him. In this cause an apprising was found simply null upon this ground, That a part of the sums apprised for, had been paid to the appriser himself. Vide No. 283, [Wright against Earl of Annandale, January 1683;] and No. 290, [Baillie of Torwoodhead against Gairner and his Son, March 1683.]
Page 69, No. 292.
The electronic version of the text was provided by the Scottish Council of Law Reporting
