Scottish Court of Session Decisions

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

The Laird of Drum
v.
His Tenants

Date: 27 November 1627

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In a removing, L. Drum against his tenants, an exception proponed for the defenders, and admitted to their probation, viz. That they were tenants to Crawfurd, who was apparent heir to his father, who was heritably infeft in the lands, and in continual possession; at the which term assigned to prove, a discharge being produced by the pursuer, subscribed by the tenants, whereby they renounced the proponing of this exception; in respect whereof the pursuer craved a sentence, seeing no other person was called. In the process compeared one for Crawfurd, the apparent heir, and proponed the same exception upon his father's right, and their possession; and alleged, that the tenant's renunciation ought not to debar him to follow out the probation of the said exception: which was found by the Lords he might resume and prosecute, albeit the tenants passed from the same; and that their collusion with the pursuer should not prejudge their master; albeit the said Crawfurd was not called in this process. But because the said Crawfurd had nothing to produce, to show either where himself, or his father, or predecessors were infeft in the land; therefore it was found he could not be admitted for his interest, and thereupon sentence was given.

Act. Primerose. Alt. Mowat. Gibson, Clerk.

Vid. 29th June 1626, La. Glengarnock.

Page 316.