This exception to an order of redemption was admitted, that the person from whom the lands were craved to be redeemed, was only liferenter by reservation, and his son the fiar was not called.
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Henry Ramsay called William Damperston to hear and see the lands of N. be decernit be decreet of the Lords, lawfully redeemed as use is. The said William answered, the same should not be, because the heritable possessor of the lands, viz. his son, was not wairnt to the redemption of these lands, and that he was but liferenter of the same, and so that he could not remove and overgive these lands, property, and possession thereof; and seeing the heritable fiar was not wairnt, as said is, the lands should not be decernit lawfully redeemed, and offered him to prove sufficiently his allegeance, and desired an term thereto. The Lords admitted the exception relevant to the proof, notwithstanding the other parties contradiction; and the same was practised of before in a cause of redemption of land, movit betwixt the Laird of Polmeis and Mr Alexander Livingston of Dunipace.
