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 >>
William Douglas v Wedderburn's Tenants. [1628] Mor 13789 (30 January 1628)
URL: http://www.bailii.org/scot/cases/ScotCS/1628/Mor3213789-014.html
Click here to view a pdf copy of this documet : PDF Copy
Not relevant in a removing to allege infeft before the warning, unless it be said duly infeft, et ab habente potestatem.
Spottiswood, (Removing.) p. 277.*** Durie reports this case:
In a removing pursued by John Stuart against Tenants of Coldinghame, the Lords repelled an exception proponed for the L. of Wedderburn, upon his infeftment of the lands libelled, flowing from his author, upon whom he condescended, by virtue whereof he alleged, He was 20 years in possession of the said lands; which exception the Lords found not sufficient to defend him, albeit clad with so long possession, against this removing, except he also had alleged therewith, that his said author was infeft in the same lands; for he ought to condescend that he was infeft by one having power, otherwise the exception was found could nowise be relevant.
Act, Stuart & Craig.Alt. Hope & Belsbes.Clerk, Gibson.
Durie, p. 335.
