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You are here: BAILII >> Databases >> Scottish Court of Session Decisions >> Cleland and Paterson v William Wilson. [1688] 2 Brn 113 (00 January 1688) URL: http://www.bailii.org/scot/cases/ScotCS/1688/Brn020113-0309.html |
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Subject_1 DECISIONS of the LORDS OF COUNCIL AND SESSION, reported by SIR ROGER HOG OF HARCARSE.
Cleland and Paterson
v.
William Wilson
1688 .January .Click here to view a pdf copy of this documet : PDF Copy
One having apprised lands, after expiring of the legal of a former apprising thereof for the same sums; the first apprising was alleged to have been passed from, in so far as the second was an innovation, at least that the legal of the first was current; just as if, after expiring of the legal, a creditor should receive annualrent of the sums apprised for. Answered, The second apprising was but a corroboration of the first; and, as a wadsetter might [use] requisition and apprise, and yet recur to his wadset, so here the first apprising is not prejudged by the second. The Lords found the first apprising had a current legal, and did not sustain accumulation of annualrents till after the second apprising. Vide No. 334, [1ord Yester against Lord Lauderdale, February, 1688.]
Page 80, No. 332.
The electronic version of the text was provided by the Scottish Council of Law Reporting