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Scottish Court of Session Decisions >>
Campbell v Campbell. [1685] Mor 5325 (26 February 1685)
URL: http://www.bailii.org/scot/cases/ScotCS/1685/Mor1305325-063.html Cite as:
[1685] Mor 5325
Altho' the act of Parliament mentions only expired apprisings, yet those acquired by an heir apparent within the legal were redeemable.
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The Lords decided the point between Campbell of Silvercraig and Sir Duncan Campbell of Auchinbreck, viz. whether or not an apparent heir buying in a comprising within the legal, before it is expired, can be obliged, on the 62d act of Parliament 1661, to take the money he gave for it. It was alleged, The act took only place in the case where the comprising bought in was expired, because, if it was current, the other creditors had an ordinary remedy extant, viz. to redeem within the legal; and that act 62d being correctory, is an extraordinary remedy, et strictissime to be interpreted; non enim est recurrendum ad extraordinarium remedium, quamdiu extat ordinarium, Yet the Lords, for securing creditors, justly found it all one case, whether the apparent heir bought it within the legal or after. Which point was not formerly decided.
Fol. Dic. v. 1. p. 359. Fountainhall, v. 1. p. 344.
