Citation in Processes of Mails and Duties and Removings.
Lo Buccleugh v. Tenants
Date: 9 December 1626 Case No. No 90.
Tenants pursues to remove, and condescending on the infeftment of another person as their master, the condescendence was not sustained, unless they would farther allege, that the infeftment was confirmed by the King, being of kirk lands.
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Lord Buccleugh pursues removing against the tenants of Elliestone. The defenders alleged they were tenants to the Lady Bonitoun, who was infeft in the lands, and she not warned. This allegeance was repelled, except the tenants would allege, that their master's right was confirmed by the King, being of Kirk-lands; for if it was not confirmed, it was a null infeftment, and so could not allege upon her infeftment, but was as if she were not infeft: And this was so found, albeit the tenants duplied, That they could not dispute upon the validity of their master's right, seeing they were only tenants, and she was not warned, who, if she had been warned, would have maintained her own right, which was not known to them, if it was confirmed or not; which was repelled.
Act. Scot.Alt, ——.Clerk, Scot.
Fol. Dic. v. 1. p. 140. Durie, p. 244.
