BAILII is celebrating 24 years of free online access to the law! Would you
consider making a contribution?
No donation is too small. If every visitor before 31 December gives just £5, it
will have a significant impact on BAILII's ability to continue providing free
access to the law.
Thank you very much for your support!
You are here:BAILII >>
Databases >>
Scottish Court of Session Decisions >>
Herrles v Aslowen. [1610] Mor 257 (00 June 1610)
URL: http://www.bailii.org/scot/cases/ScotCS/1610/Mor0100257-028.html Cite as:
[1610] Mor 257
Subject_1 ADJUDICATION and APPRISING. Subject_2 RANKING of ADJUDGERS and APPRISERS.
Herrles v. Aslowen
1610.
June. Case No. No 28.
Apprisings and adjudications, upon debita fundi, are preferable to all others, prior or posterior.
Click here to view a pdf copy of this documet : PDF Copy
In an action of double poinding, pursued by the tenants of Cluny, against George Herries of Terrachlie, John Aslowen of Garren, and William Glendinning; it was found, That William Glendinning, who had comprised the property of the lands from Terrachie, for the bygones of an annualrent of 50 merks, whereon his author, the Laird of Partoun, was infeft, in anno 1593, by Terrachlie, should be preferred to the said John Aslowen; notwithstanding it was alleged, and instantly verified, That, in anno, long before the comprising which was deduced in anno 1609 allenarly, the said John Aslowen was infeft in the property, and, by virtue of his infeftment, was in possession.
Fol. Dic. v. 1. p. 16. Hope, (Poinding & Apprising.) folio 208.
