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Subject_1 DECISIONS of the LORDS OF COUNCIL AND SESSION, reported by SIR ALEXANDER GIBSON, OF DURIE.
Date: The Earl of Nithsdale
v.
-
25 July 1623 Click here to view a pdf copy of this documet : PDF Copy
Earl Nithsdale, infeft as heir to his brother, pursuing removing from certain lands; the defender compearing, and alleging an infeftment granted by the King's Majesty to him, proceeding upon the forfaultry of the pursuer's brother, and possession conform thereto;—the Lords repelled this allegeance, because the pursuer replied, that the forfaultry whereupon the excipient's right depended was reduced. Which reply the Lords found relevant to be received in the process summarily, but any reduction to take the defender's right away flowing from the forfaulter; notwithstanding that the defender duplied, that, in the same Parliament wherein the forfaultry was reduced, there was an express Act made, that what was done in that Parliament should not prejudge particular parties, viz. the Act salvo jure cujuslibet; and so, he being a party, having interest, and not called to that reduction of the forfaulture, cannot be prejudged. Which duply was repelled.
Act. Hope. Alt. Belshes. Gibson, Clerk. Vid. 10th December 1622, E. of Rothes; penult. June 1627, John Stuart; and 7th February 1627, John Stuart; ult. March 1627, Lo. Balmerinoch; 27th November 1621, E. Nithsdale; 23d July 1624, Lo. Harris; 23d July 1025, Patrick Whitelaw; 27th July 1626, Finlason against Cunningham.
Page 79.
The electronic version of the text was provided by the Scottish Council of Law Reporting