Click here to view a pdf copy of this documet : PDF Copy
In an action of removing pursued by Robert Graham against certain tenants in Annandale; alleged by the defenders, They ought not to remove, because they were tenants to Nicolas Douglas, Lady Johnston, by payment of their mails and duties to her, as lady tercer of these lands, many years bygone. Replied, Not relevant, except they would say she was served and kenned to a terce out of these lands. In respect of which reply, the exception was repelled. After, it was alleged for the Lady, That she ought not to remove from such and such lands, because they appertained to her in conjunct-fee disponed to her by her umquhile husband, and that she, by virtue of the same, had been 20 years in possession. Answered, Not relevant, except she would qualify of whom her husband had the right of the said lands, and that her husband’s author had sufficient right to dispone the same. Which reply was repelled, and found, that it was sufficient for the Lady to allege her husband’s donation and disposition made to her, et ad ulterior a non tenebatur
