Scottish Court of Session Decisions

Subject_1 RELIEF, CASUALTY OF.

Laird of Lauriston
v.
Sheriff of Forfar

Date: 12 November 1628
Case No. No 3.

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The Laird of Lauriston serves and retours him to certain lands in Angus, and takes precepts furth of the Chancery, for taking sasine according to the book of responde. The Sheriff of Forfar is compelled to make payment, and the Sheriff charges Lauriston for his retour. Lauriston suspends, and alleges, that the Sheriff can have no personal action against him, seeing he never took sasine upon the said precept, but that the Sheriff had liberty to poind the ground. The Lords repelled the allegeance, in respect of the act of Parliament, James 6. Parliament II. cap. 74., and found the action at the Sheriff's instance both personal and real, and that this taking forth of the precept of Chancery, obliges him (whether he took sasine or not) to relieve the Sheriff.

Auchinleck, MS. p. 212.

*** Durie's and Spottiswood's reports of this case are No 2. p. 10163, voce Personal and Real.