Scottish Court of Session Decisions

Subject_1 REMOVING.
Subject_2 SECT. I.

Who entitled to pursue a Removing.

Maxwell of Garrarie
v.
The Tenants of Glassock

Nithsdale
v.
Tenants

Date: 20 July 1627
Case No. No 13.

May the validity of infeftment be disputed.

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In a removing, pursued by Maxwell of Garrarie against the Tenants of Glassock, alleged for one G. That he was tenant to one Mackie, who was heritably infeft in these lands, and he not warned. Replied, That any infeftment Mackie had, was decerned to make no faith at my Lord Harris's instance, who was author to the pursuer. Duplied, That he ought not to dispute upon his master's right, but it was sufficient for him to allege infeft. The Lords repelled the exception, in respect of the reply, June 1627. Sicklike in a removing pursued by my Lord Nithsdale against his Tenants; it being alleged by A. That he was tenant to B. who was heritably infeft, holding of the King, and he not warned. Replied, That if B. had any infeftment, it was reduced by virtue of my Lords' restitution against the forefaulture. The exception was repelled, in respect of the reply.

Spottiswood, (Removing.) p. 281.