Scottish Court of Session Decisions

Subject_1 REMOVING.
Subject_2 SECT. I.

Who entitled to pursue a Removing.

Anderson
v.
Yule

Date: 24 July 1610
Case No. No 7.

Who entitled to bring an action of ejection.

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In an action of ejection, pursued by William and Agnes Andersons, son and daughter to umquhile Bessie Scot, their mother, the relict of umquhile Thomas Anderson, who were tenants and mailers of the lands of Blacklandhead, to Mr Robert Bruce, being heritor of the lands of Gailvy and Gaithristen, whereof the said lands of Blacklandhead are proper part and pertinents, and at the instance of the said William, as heir to his said mother, and being in possession of the said lands, after his mother's decease, by tilling and sowing of the said lands, against John Yule, tenant to Mr Robert Bruce, for ejecting of the said William and Agnes Andersons furth of the said lands, it was alleged, That the pursuers could have no actions of ejection, because they were neither tenants, tacksmen, nor mailers, of the said lands; and in so far as the said William libels himself as heir to his mother, who was mailer, not relevant, because a mailer cannot have an heir. The Lords sustained the allegeance, and assoilzied.

Kerse, MS. fol. 191.