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Scottish Court of Session Decisions >>
M'Kenzie v John Ross [1663] Mor 298 (18 February 1663)
URL: http://www.bailii.org/scot/cases/ScotCS/1663/Mor0100298-008.html Cite as:
[1663] Mor 298
Subject_1 ADJUDICATION and APPRISING. Subject_2 EXTINCTION of APPRISINGS and ADJUDICATIONS.
M'Kenzie v. John Ross
Date: 18 February 1663 Case No. No 8.
An appriser found accountable, not only for the seven years but for the whole years of his debtor's minority.
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John Ross having apprised certain lands belonging to M'Kenzie, there is a pursuit of count and reckoning intented, for declaring, that the apprising was satisfied within the legal.—It was alleged. That the appriser was not accountable for more of the other party's minority than seven years; because, in the act of Parliament 1621, anent apprising, it is so provided; and albeit the meaning of the act of Parliament was declared to be otherways, by the act of Parliament 1641; yet that declaration was contrary to the clear meaning, by the general rescissory act 1661.
The Lords having considered the rescissory act, and the reservation therein, of the right of private parties following upon the deeds of these Parliaments, in respect thereof, and of the custom these 20 years, the appriser useing to account for all, found the appriser accountable for the whole year of the minority. (See Minor.)
