If you found BAILII useful today, could you please make a contribution?

Your donation will help us maintain and extend our databases of legal information. No contribution is too small. If every visitor this month donates, it will have a significant impact on BAILII's ability to continue providing free access to the law.

Thank you very much for your support!


BAILII [Home] [Databases] [World Law] [Multidatabase Search] [Help] [Feedback]

Scottish Court of Session Decisions


You are here: BAILII >> Databases >> Scottish Court of Session Decisions >> Alexander Monteith v Sir George Elphinston. [1615] Mor 198 (14 December 1615)
URL: http://www.bailii.org/scot/cases/ScotCS/1615/Mor0100198-014.html
Cite as: [1615] Mor 198

[New search] [Context] [View without highlighting] [Printable PDF version] [Help]


[1615] Mor 198      

Subject_1 ADJUDICATION and APPRISING.
Subject_2 ADJUDICATIONS and APPRISING pass periculo petentis; and all Defences are reserved contra executionem, unless instantly verified.

Alexander Monteith
v.
Sir George Elphinston

Date: 14 December 1615
Case No. No 14.

By the older decisions, the superior, was not bound to infeft the appriser, without instructing his author's right.


Click here to view a pdf copy of this documet : PDF Copy

In the suspension raised by Alexander Monteith against Sir George Elphinston, who had comprised the right of two ploughs of land of Dunbreck, from Lord Salton; the Lords found, that Alexander Monteith could not be obliged to infeft him upon the comprising, except Sir George would show that the Lord Salton was infeft. Item, In the same cause, the Lords found, That Sir George ought to pay to the superior, for his infeftment, 80 punds which is the annualrent of the principal sum of 1200 merks, whereupon the lands are wadset: And so the Lords found, That in a wadset comprised, the superior of the wadset ought to have the benefit of the act of Parliament: And also they found, That the said duty ought to be paid to the superior of the wadset; notwithstanding it was replied, that by the contract of wadset, the superior was obliged to infeft the Lord Salton, because that should be craved ex contractu, and not upon the comprising.

Fol. Dic. v. 1. p. 13. Hope, (Superior.) V. 2. Folio 73. MS.

The electronic version of the text was provided by the Scottish Council of Law Reporting     


BAILII: Copyright Policy | Disclaimers | Privacy Policy | Feedback | Donate to BAILII
URL: http://www.bailii.org/scot/cases/ScotCS/1615/Mor0100198-014.html