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Scottish Court of Session Decisions >>
Edgar v Miln. [1676] Mor 285 (7 July 1676)
URL: http://www.bailii.org/scot/cases/ScotCS/1676/Mor0100285-004.html Cite as:
[1676] Mor 285
Subject_1 ADJUDICATION and APPRISING. Subject_2 LEGAL of APPRISINGS and ADJUDICATIONS.
Edgar v. Miln
Date: 7 July 1676 Case No. No 4.
The legal of an apprising is prorogated, by a simple order of redemption, without declarator.
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John Edgar being infeft in a tenement in Edinburgh, upon an apprising, pursues for mails and duties. Compearance is made for Patrick Miln, who alleges absolviter, because the apprising is satisfied by intromision within the legal, which legal is propogated by an order of redemption.—It was answered, That there was no declarator after the order, which behoved first to be obtained, and then there-after the posterior intromission liquidated.
The Lords sustained the declarator, as incident in this process; and found the intromission after the legal, relevant to extinguish the apprising, in respect of the order, albeit the appriser had builded considerably upon the tenement, after the expiring of the legal.
