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Scottish Court of Session Decisions >>
Herris v Stuart. [1629] Mor 296 (3 March 1629)
URL: http://www.bailii.org/scot/cases/ScotCS/1629/Mor0100296-005.html Cite as:
[1629] Mor 296
Subject_1 ADJUDICATION and APPRISING. Subject_2 EXTINCTION of APPRISINGS and ADJUDICATIONS.
Herris v. Stuart
Date: 3 March 1629 Case No. No 5.
The same exception allowed to be pleaded, in a removing, after the expiry of the seven years, the parties being mean and poor folk.
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In a removing, an exception being proponed upon an infeftment, proceeding upon a comprising, it was found, That the comprising might be elided upon a reply, that conform to the act of Parliament anent comprisings, the compriser had intromitted with as many duties of the lands as completely paid him of his whole debt before the expiring of the seven years, as is prescribed by the said act of Parliament, whereby the comprising became extinct; which reply was found relevant, albeit the Excipient alleged, That this not being proponed in due time, before the expiring of the seven years, after deducing of the comprising, as he alleged it ought to have been, therefore he alleged that the said seven years being now all expired, diverse years before the proponing thereof, the party had no place to propone the same, and that the same was not quarrellable upon the same ground, not being quarrelled thereon before the expiring of these years; which allegeance was repelled, and the comprising was found might be taken away upon the foresaid ground, albeit not proponed before these years, but after the same were all expired; and the same was received by way of reply, being betwixt mean and poor folks; whereas otherways the Lords were of opinion, That it could not have been taken away but by way of declarator.
