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Scottish Court of Session Decisions |
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You are here: BAILII >> Databases >> Scottish Court of Session Decisions >> Thomas Waddel v Gordon of Craighlay. [1686] 2 Brn 98 (00 December 1686) URL: http://www.bailii.org/scot/cases/ScotCS/1686/Brn020098-0253.html |
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Subject_1 DECISIONS of the LORDS OF COUNCIL AND SESSION, reported by SIR ROGER HOG OF HARCARSE.
Thomas Waddel
v.
Gordon of Craighlay
1686 .December .Click here to view a pdf copy of this documet : PDF Copy
In a pursuit, at the instance of posterior apprisers, within year and day, against the first, for a share of the rents and profits pro rata;—it was alleged for the defender, That, seeing they did not concur before now, and claim their share, he had right to uplift the whole for his own use; by which means he would be soon paid off; 2. The pursuers ought to pay the whole expense of the first appriser's diligence. The Lords repelled the first allegeance; and found, That the whole expenses should be first deduced off the defender's intromissions with the rents, and the remainder divided pro rata; and it appears reasonable that, if the first appriser or adjudger take his expenses this way, he cannot claim also the benefit of sheriff-fees and penalties in apprisings, or of the additional fifth part in adjudications; since that were double payment; and the posterior apprisers are not to be losers, but only advancers of the expenses.
Page 79, No. 323.
The electronic version of the text was provided by the Scottish Council of Law Reporting
