Subject_1 QUOD AB INITIO VITIOSUM. Subject_2 SECT. IV.
Making up Titles ex post facto.
Hamilton v. Harvie
Date: 10 December 1608 Case No. No 27.
Found in conformity to Henderson against Southhouse, No 24. p. 13264.
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John Hamilton pursued a removing as donatar to Patrick Butter's escheat and liferent against Andrew Harvie and certain tenants, who excepted, that he could have no action upon that warning, because it was raised and executed long before his decreet of declarator; and as in recognitions; it was found betwixt Newark and Calderwood, and Newark and Bekkie, that no warning could be made upon a sasine of recognition without declarator, so could none be granted upon liferents without declarator; it was answered, That they were not of a nature, and that the decreet in declaratoriis was drawn back to the gift and summons, and if no warning might be made before decreet of declarator, the donatar might be frustrated by the cavilators of the defender his whole lifetime. In respect whereof, the Lords repelled the exception, and reserved the modification of the violent profits to themselves.
