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 >> Guthrie, Supplicant. [1625] Mor 212 (30 July 1625)
URL: http://www.bailii.org/scot/cases/ScotCS/1625/Mor0100212-008.html
Cite as: [1625] Mor 212

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


[1625] Mor 212      

Subject_1 ADJUDICATION and APPRISING.
Subject_2 NATURE and EFFECT of this DILIGENCE.

Guthrie, Supplicant

Date: 30 July 1625
Case No. No 8.

The Lords refused to allowan apprising, after the death of the party against whom it was led.


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

A supplcation was given in to the Lords by Richard Guthrie, servitor to Mr John Sharp, who had deduced a comprising against Sommerville of Humby, which comprising he desired to be allowed by the Lords:——This supplication was not granted; for the Lords found, That after the death of the party, against whom the comprising was deduced, such comprisings ought not to be allowed, nor given in, nor received by the clerk; and Sommerville of Humby was deceased, before this comprising was craved to be allowed. In these cases, it is to be considered, what should be done by the compriser, to make his comprising effectual, and to be allowed; for it is not reasonable, that the intervening, or subsequent death of his debtor, should frustrate his right or diligence, but he has competent action thereupon, against the superior, to enter him; albeit not by such summary charges upon deliverance.

Fol. Dic. v. 1. p. 15. Durie, p. 185.

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/1625/Mor0100212-008.html