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In action of removing pursued by William Lynce of Drumkillo against his tenants, the Lords found an exception proponed upon ane tack set by Steven of Boyngill not relevant, except it were alleged that Steven was infeft; albeit it was offered to be proved, that Drumkillo was infeft upon the resignation of Steven, and that the infeftment bore, that the lands pertained of before to the said Steven as immediate tenant to the King. Ratio decidendi was, because Drumkillo’s infeftment proceeded upon the resignation of David Cannon, father to Steven, who was holden of the King; and albeit Steven’s name was used for greater security, yet that was in favours of Drumkillo, and could not be turned to his prejudice.
