Subject_1 QUOD AB INITIO VITIOSUM. Subject_2 SECT. IV.
Making up Titles ex post facto.
Butter v. Harvie
Date: 26 July 1610 Case No. No 32.
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In an action of removing, pursued by Patrick Butler of Urig against Andrew Harvie and his tenants, the Lords found no process upon the warning, because the time of the making thereof Patrick Butter was only superior, and the property was only adjudged to him by a declarator of Andrew Harvie's liferent escheat, obtained long thereafter, which the Lords found should not be drawn back in prejudice of the tenants, notwithstanding it was alleged that the said Andrew Harvie was year and day at the horn long before the warning. See No 27.
Fol. Dic. v. 2. p. 306. Kerse, MS. fol. 938.*** Haddington reports this case:
The Lords found, that a warning made by a donatar to a liferenter, before be had obtained declarator, was not lawful, and could not convalesce by the subsequent declarator.
1610. November 29.—General declarator being given of a man's escheat and liferent, upon diverse horings, and he thereafter warning the possessors of the liferent lands to remove; if one who was infeft by the rebel, after the first horning, offer him to prove that the party was relieved within year and day after the denunciation, and that thereby he was able to grant him lawful infeftment, and that his liferent fell not by that horning, it will be received by way of exception, notwithstanding of the declarator; standing the which these defenders not being called, the same will not prejudge them.
