You are here:BAILII >>
Databases >>
Scottish Court of Session Decisions >>
Comptroller v Lord Semple. [1555] Mor 212 (15 February 1555)
URL: http://www.bailii.org/scot/cases/ScotCS/1555/Mor0100212-007.html Cite as:
[1555] Mor 212
Subject_1 ADJUDICATION and APPRISING. Subject_2 NATURE and EFFECT of this DILIGENCE.
Comptroller v. Lord Semple
Date: 15 February 1555 Case No. No 7.
The debtor, dying before the appriser be infeft; The apparent heir may be retoured, nor can the appriser stop the inquest.
Click here to view a pdf copy of this documet : PDF Copy
Lands being comprised by any person, if he from whom they are comprised happen to be forfeited, before the compriser take sasine upon his comprising, the land will fall under forfeiture, notwithstanding of the comprising. So, if he from whom the lands are comprised, happen to die before the compriser be seased in them, the defunct's heir may be served and retoured heir to him of the same lands: And howbiet the compriser would cast in his comprising before the inquest, yet it would not stop the service of the brieve and retour, without he produce a sasine upon his comprising.
Fol. Dic. v. 1. p. 14. Spottiswood, (Comprising.) p. 44.
