Scottish Court of Session Decisions

Subject_1 DECISIONS of the LORDS OF COUNCIL AND SESSION, reported by SIR ALEXANDER GIBSON, OF DURIE.

Hay
v.
-

Date: 19 July 1625

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In an action of removing, pursued by a woman called Hay, in Burntisland, against another indweller there, who had bought a tenement of land from her husband, whereof she was liferenter before the right acquired by the defender; an exception being admitted to the defender's probation, and he using incident diligence for production of the writs of that land, which were made to his author,—the Lords would not sustain the incident for any writs made to the excipient's author; because the excipient, being infeft by his author's disposition, and having a public infeftment holden of the superior, it was presumed probably that his author's evidents behoved to be in his own hands.

Act. Aiton. Alt. Mowat. Hay, Clerk.

Vid. 6th February 1622, Grier against Maxwell.

Page 179.