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Scottish Court of Session Decisions


You are here: BAILII >> Databases >> Scottish Court of Session Decisions >> L. Corsbie v L Kilsyth. [1628] Mor 6910 (5 December 1628)
URL: http://www.bailii.org/scot/cases/ScotCS/1628/Mor1706910-027.html
Cite as: [1628] Mor 6910

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[1628] Mor 6910      

Subject_1 INFEFTMENT.
Subject_2 SECT. V.

Method of obtaining Infeftment by an Appriser.

L Corsbie
v.
L Kilsyth

Date: 5 December 1628
Case No. No 27.

After an appriser obtained a warrant to charge the superior to infeft him, the superior died. The Lords allowed summary charges to be directed against his apparent heir.


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A supplication given in by the L. of Corsbie was granted, craving charges against the L. of Kilsyth, as heir to his good-sir, and as he who was come in his good-sir's place in the superiority of certain lands, which Corsbie had comprised, holden of his good-sir, and which comprising was allowed in his good-sir's lifetime, and charges ordained to be directed against him before he died; and since he being deceased before the compriser was entered, this summary charge was ordained to be granted against his oye, without any other process, action, or trial, if he had succeeded to the right of the superiority; for if he were thereby prejudged in this charge, the Lords thought that he might suspend.

Fol. Dic. v. 1. p. 471. Durie, p. 405.

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


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URL: http://www.bailii.org/scot/cases/ScotCS/1628/Mor1706910-027.html