Scottish Court of Session Decisions

Subject_1 JUS TERTII.
Subject_2 SECT. II.

Competent to a Defender to found upon a third party's interest, or other argument, to show there is no ground of claim.

Lady Cathcart
v.
Laird of Crosscrawford

Date: 27 July 1629
Case No. No 14.

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If a Lady be infeft in the annualrent of ward-lands and her infeftment confirmed by the superior, after the decease of her spouse, if she shall take a gift of the ward-land and misken her own infeftment, by virtue of her gift pursue removing of her husband's vassals during the time of the ward; the Lords will find she can not quarrel her vassal's rights of the said lands, or any part of them, wherein she stood infeft and confirmed by the superior.

Fol. Dic. v. 1. p. 516. Auchinleck, MS. p. 247.