BAILII is celebrating 24 years of free online access to the law! Would you
consider making a contribution?
No donation is too small. If every visitor before 31 December gives just £1, it
will have a significant impact on BAILII's ability to continue providing free
access to the law.
Thank you very much for your support!
You are here:BAILII >>
Databases >>
Scottish Court of Session Decisions >>
The Creditors of Baillie of Hardington v Bailie William Menzies. [1694] 4 Brn 191 (13 July 1694)
URL: http://www.bailii.org/scot/cases/ScotCS/1694/Brn040191-0427.html Cite as:
[1694] 4 Brn 191
Subject_1 DECISIONS of the LORDS OF COUNCIL AND SESSION, reported by SIR JOHN LAUDER OF FOUNTAINHALL.
The Creditors of Baillie of Hardington v. Bailie William Menzies
Date: 13 July 1694
Click here to view a pdf copy of this documet : PDF Copy
Westshiels, and the other Creditors of Baillie of Hardington, against Bailie William Menzies, about the extinguishing a comprising by intromission. The Lords found, seeing there was another apprising led by one Brown, within year and day of Hardington's, in 1669, that, if Brown pleased to require it, the first appriser ought to account to him for a proportional part of the maills and duties, they coming in pari passu: but, if they intended to suffer the whole intromission to be ascribed to pay, satisfy, and extinguish the first comprising, they might do it; because the expiration of the legal was odious, and that calcul is to be followed which hinders it from taking the benefit of the legal. And as to the comprising led in 1673, found it preferable, in so far as it was founded on the avail of the marriage, which is a debitum fundi, so as to affect the ward-lands, but no others, with the preference; but found the ward-duties had not that privilege; and therefore that part of the comprising led for them was not preferable, but behind the rest.
