Scottish Court of Session Decisions

Subject_1 REMOVING.
Subject_2 SECT. I.

Who entitled to pursue a Removing.

Lord Jedburgh
v.
Tenants

Date: 9 March 1631
Case No. No 25.

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The Lord Jedburgh disponed some lands to some men by contract and charter, containing a procuratory of resignation; but before they were infeft, he dispones the same lands by contract of marriage between his son Sir Andrew Ker and the Lady Yester, to the Lady in liferent, whereupon she was infeft. After her husband's decease, she sought these men to be removed. They defended themselves by their infeftment, clothed with so many years possession, and their disposition before her right, all which could not be taken away summarily in such a judgment. The Lords repelled this allegeance, in respect of her infeftment intervening between their charter and their sasine: As to that, that it was an infeftment standing unreduced, clothed with twenty years possession at least, the Lords repelled it not, for they are not in use to put a liferenter to a reduction.

Spottiswood, (Removing.) p. 288.