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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 Winton
v.
Tenants
29 July 1625 Click here to view a pdf copy of this documet : PDF Copy
In a removing, at the instance of the Earl of Winton, as donatar to the L. of Touch's ward, against certain tenants,—the Lords found the gift of ward, which was the title of this pursuit, was dated before the warning, but was not sealed while after the warning, and could not be a ground or title whereupon warning might be used; and that the sealing thereof could not be drawn back to the time of the date thereof, seeing it was not a perfected gift before it was sealed; therefore found no process upon that warning, as wanting a warrant to make the same.
Act. Craig. Alt. ——. Gibson, Clerk. Nam jus superveniens actori, lite pendente, regulariter ei non prodest. Socin. Reg. 269. Vid. 20th November 1624, L. Lagg; and the cases there cited.
Page 184.
The electronic version of the text was provided by the Scottish Council of Law Reporting