A renunciation of an infeftment is not habilis modus transferendi dominii, unless it be in favour of one who has a reversion.
Click here to view a pdf copy of this documet : PDF Copy
In ane removing persewit be ane Reidpeth contra The L. of Greenlaw, it was alledgit, That the lands libellit being comprysit be umquhile John Archbishop of St Androis, fra this defendar, gif ony infeftment was obteanit be this persewar's father or gudscheir, as donatars to the said Bishop's bastardie, the same was renuncit in favours of this defendar, and swa this persewar beand aire to them wha renuncit, had na place to persew. It was answerit, That renunciatio non est modus habilis transferendi dominii, and sua, unless the defendar wald say, that aither the said partie had renuncit within the sevin yeir efter the comprysing, quo casu, the defendar having ane reversion legall, the said renunciatioun in his favour wald have extinguishit the said comprysing, and wald have made the said defendar's infeftment to convalesce, else the said renunciation could be na title to mentene the defendar and denude the persewar. In respect of the whilk reply, the exception was repellit.
