Scottish Court of Session Decisions

Subject_1 PERSONAL OBJECTION.

Lady Cathcart
v.
Tenants and Vassals

Date: 24 July 1629
Case No. No 6.

Click here to view a pdf copy of this documet : PDF Copy

The Lady being donatrix to the ward, as is mentioned 7th July 1629, No 6. p. 4176. voce Feu; and the vassals to her husband alleging, That she was infeft in feu in some lands held of the King, which staid all ward; and she replying, That that infeftment was granted without her knowledge, and that her sasine thereon was not registrate, conform to the act of Parliament; the Lords found, That that infeftment was not sufficient to exclude the ward, the sasine not being registrate as said is; and which nullity she might oppone against that right made to herself; seeing she clad not herself with that right, but with the right of ward, and which she might as validly take as any other; for if a third person had obtained the ward, that sasine not registrate would not have stopped the same; no more could it be obtruded against her, but she might likewise propone the said nullity.

Fol. Dic. v. 2. p. 81. Durie, p. 467.