Scottish Court of Session Decisions

Subject_1 DECISIONS of the LORDS OF COUNCIL AND SESSION reported by SIR ROBERT SPOTISWOODE OF PENTLAND.
Subject_2 Such of the following Decision as are of a Date prior to about the year 1620, must have been taken by Spotiswoode from some of the more early Reporters. The Cases which immediately follow have no Date affixed to them by Spotiswoode.

Robert Lindsay of Cavil
v.
The Tenants of Rossyth

Date: 29 February 1628

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William Philip, being infeft in an annual-rent of twelve bolls of victual out of the mains of Rossyth, he dieth in anno 1597: William, his son, as heir to his father, is infeft in the same annual-rent in anno 1611, who made Robert Lindsay of Cavil assignee to the said annnal-rent, of all years between the father's decease and the son's infeftment: Upon which assignation the assignee intented action for poinding of the ground for the said years. Alleged for the tenants, That the ground could not be poinded for these years by virtue of the sasine of William the son, because, by the same, he had not right to the said annual-rent of any years preceding the date of his infeftment, during which it was in nonentry in the superior's hands. Answered, The tenants had no interest to propone that; and, albeit the cedent's sasine be not till 1611, yet the whole annualrent of all years since his father's decease will accresce to him after the date of his infeftment, as heir to his father; and, consequently, as the cedent had right as heir, so his assignee had competent action for poinding of the ground. The Lords found the exception relevant.

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