Subject_1 DECISIONS of the LORDS OF COUNCIL AND SESSION, reported by SIR GEORGE AUCHINLECK OF BALMANNO.
Date: Laird of Bamff
v.
His Tenants
6 December 1627 Click here to view a pdf copy of this documet : PDF Copy
A tenant, pursued for removing, excepts, He is tenant to another who is heritably infeft, and who is not warned. The pursuer replies, That the exception is not relevant, except he allege that his master is heritably and lawfully infeft. It is answered by the defender, that he cannot dispute upon the validity or invalidity of his master's right. The Lords found the exception relevant, if he will allege that his master is heritably infeft.
Nota, If it be not kirk lands.
Page 190.
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