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Laird of Balfour v Lord Airlie. [1671] 2 Brn 551 (4 July 1671)
URL: http://www.bailii.org/scot/cases/ScotCS/1671/Brn020551-0931.html
Subject_2 DECISIONS of the LORDS OF COUNCIL AND SESSION, reported by SIR JOHN LAUDER, LORD FOUNTAINHALL.
Laird of Balfour v. Lord Airlie
Date: 4 July 1671
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The Lords in presentia found, that the computation in comprisings ad hunc effectum, to know whether they be within year and day of the first effectual comprising, (which is the standard to all the lave,) must be reckoned from the date of the said first comprising, and not from the date of the infeftment following thereupon, though it may be alleged that by the very words of the act of Parliament in 1661, it is not an effectual comprising till seasine follow thereon, at least a charge against the superior; [28th January 1671,] vide supra numerum 116. 2do, That the bringing in of creditors within year and day is most favourable, and favores sunt ampliandi, vide 27th July, 1678. This was betwixt the Laird of Balfour and my Lord Airlie.
