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Scottish Court of Session Decisions |
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You are here: BAILII >> Databases >> Scottish Court of Session Decisions >> Sir James Turner v Mr James Pillans. [1683] 2 Brn 29 (00 January 1683) URL: http://www.bailii.org/scot/cases/ScotCS/1683/Brn020029-0084.html |
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Subject_1 DECISIONS of the LORDS OF COUNCIL AND SESSION, reported by SIR ROGER HOG OF HARCARSE.
Sir James Turner
v.
Mr James Pillans
1683 .January .Click here to view a pdf copy of this documet : PDF Copy
A second appriser claiming to come in pari passu with the first effectual appriser; it was alleged for the first, That the second appriser had intromitted several years with the whole rents, and could not share with him in time coming, till he had once intromitted with as much effeiring to his sum as the second appriser had gotten. Answered for the second appriser, That apprisers are only to share equally when they concur; and the first appriser has himself to blame that he neglected formerly to put in a share; and as, if the second appriser had been completely satisfied and paid by his intromissions, the first appriser would
have had no repetition of any part, seeing these intromissions would have extinguished the second apprising; no more can he hinder the second to continue in his possession, by uplifting mails and duties pro rata. The Lords sustained the first appriser's allegeance; and found that he might likewise intromit with the rents for refunding the whole expenses of his apprising. Page 66, No. 282.
The electronic version of the text was provided by the Scottish Council of Law Reporting
