What is comprehended under a liferent right of lands.
Lady Galgirth v. Hunter
Date: 10 January 1610 Case No. No 3.
A lady conjunct fiar infeft in lands cum sylvis nemoribus, &c. in the tenendas, may cut woods though not infeft therein per expressum.
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The relict of umquhile young Galgirth, spouse now of———, being pursued by Hunter and others, alleging them to have bought the wood of———from the Laird of Galgirth, for her spoilation of the trees of the said wood; it was excepted, That she did no wrong, because she was infeft by the pursuer's author, alleged feuar of the said wood, to them in conjunct fee with her husband in the lands of Park, whereof this wood was part and pertinent, and, by virtue of her infeftment, in possession, and so did no wrong. It was answered, That her infeftment of the lands gave her no right to the wood, which was regalis, unless she had been infeft therein per expressum. She replied, That woods and shaws were not regalia, but only forests, and it was sufficient to her to be infeft in her conjunct-fee lands cum silvis nemoribus virgultis; in the clause tenendas, especially seeing the man who was common author to both parties was not seased in the woods per expressum Which answer the Lords found relevant.
