Scottish Court of Session Decisions

Subject_1 DECISIONS of the LORDS OF COUNCIL AND SESSION, reported by SIR JOHN LAUDER OF FOUNTAINHALL
Subject_2 SUMMER SESSION.
Date: 7 November 1682

Doctor Hary Blyth
v.
Lawson

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Mr Hary Blyth, Doctor of Medicine, pursues a reduction of a comprising led by one Lawson, upon this ground, That the lands of Soultry, which are apprised, at least a part of them, lie locally within the shire of East-Lothian, and jet they are denounced to be apprised at the market-cross of Edinburgh, whereas they ought to have been denounced at Haddington cross; and so, the execution being wrong and null, the comprising falls, quoad that part at least.

Answered,—Though a part of the apprised lands are indeed locally situated in East-Lothian, yet they are but a part of the barony of Soultry, which lies, in confinio, betwixt the two shires, in the west limits of them; but the greatest part lies in Mid-Lothian, and therefore, by constant practice, all diligence in relation to that whole barony has been always hitherto done and executed at Edinburgh, the greater part drawing the lesser; and error communis being able facere jus pro præterito, at least to excuse and maintain a standing diligence.

The Lords demurred on this; and first annulled the apprising; but thereafter, in respect of the consuetude, sustained the denunciation and apprising, and found it no nullity.

Vol. I. Page 192.