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Scottish Court of Session Decisions >>
Hospital of Glasgow v Robert Campbell. [1664] Mor 6419 (19 July 1664)
URL: http://www.bailii.org/scot/cases/ScotCS/1664/Mor1506419-015.html Cite as:
[1664] Mor 6419
Subject_1 IMPLIED DISCHARGE and RENUNCIATION. Subject_2 SECT. III.
Effect when the Superior grants a precept in obedience.
Hospital of Glasgow v. Robert Campbell
Date: 19 July 1664 Case No. No 15.
A superior by receiving an appriser, was found not to derogate from his right of ward.
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The Hospital of Glasgow having apprised the lands of Silvercraig, they thereupon obtained decreet, which being suspended, compearance is made for Robert Campbell in Glasgow, who alleged, that he has apprised the estate of Lamont from the Laird of Lamont; and that the lands of Silvercraig are a part and pertinent of the lands apprised by him, whereby he stands in the right of the superior, and offers to prove, that the lands in question are ward, and that the apparent heir from whom the hospital hath apprised, is yet minor, and therefore, the hospital coming in his place, can be in no better case than the minor, but the course of the ward must run during the apparent heir's minority. The charger answered, that the course of the ward cannot now run, because the lands are full by the infeftment of the appriser, who stands infeft, being received by a prior appriser of the superiority, without any exception or reservation of the ward duties. It was answered, for Robert Campbell, that George Campbell's apprising of the superiority was extinct by satisfaction of the mails and duties before he received the hospital, and so there is now place to the second appriser, neither can the filling of the fee by the appriser stop the course of the ward, which began before the apprising, albeit the appriser be infeft simply; seeing all infeftments on apprisings are in obedience, which never imports a passing from any right of the superiors, albeit he do not reserve the same; and therefore, he may make use of any right in his person, not only as to the casualties of the superiority, but as to the property, and his receiving in obedience, is only to give the appriser anteriority of diligence.
