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Scottish Court of Session Decisions


You are here: BAILII >> Databases >> Scottish Court of Session Decisions >> Grahame v Ross. [1663] Mor 245 (5 February 1663)
URL: http://www.bailii.org/scot/cases/ScotCS/1663/Mor0100245-017.html
Cite as: [1663] Mor 245

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[1663] Mor 245      

Subject_1 ADJUDICATION and APPRISING.
Subject_2 RANKING of ADJUDGERS and APPRISERS.

Grahame
v.
Ross

Date: 5 February 1663
Case No. No 17.

Apprisers, before coming in with the first effectual, must pay the whole composition and expences.


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These parties competed upon apprisings: (See the 24th of January, No 8. h. t.) Wherein the Lords found, That none of the apprisers should come in with him who was first infeft, till first they paid their proportional part of the composition and expences.

Now, having again considered the tenor of the act of Parliament, they found that they behoved to satisfy the whole, and that the obtainer of the first infeftment should bear no share of it, that being all the other apprisers gave, to get the benefit of the act, to come in pari passu.

Fol. Dic. v. 1. p. 19. Stair, v. 1. p. 171.

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/1663/Mor0100245-017.html