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You are here: BAILII >> Databases >> Scottish Court of Session Decisions >> The Laird of Bamff v His Tenants. [1627] 1 Brn 239 (6 December 1627)
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Subject_1 DECISIONS of the LORDS OF COUNCIL AND SESSION, reported by SIR GEORGE AUCHINLECK OF BALMANNO.
Date: The Laird of Bamff
v.
His Tenants
6 December 1627 Click here to view a pdf copy of this documet : PDF Copy
A tenement in Dumbar is comprised there, and the compriser admitted to possession thereof by the bailies, and uplifts the mails: Within one year the tenant removes; and the house being void, one,—who pretended a base infeftment of the said tenement, and prior to the comprising granted by him from whom it was comprised, as also, who had the gift of his liferent from whom the tenement was comprised, and general declarator thereupon obtained before the comprising,—enters to the possession of the house, brevi manu, but any order or process of law. The compriser warns him, and pursues for removing. He defends himself by his infeftment anterior to the comprising; together with the gift of liferent and general declarator now clad with possession. The Lords decerned him to remove, in respect of the comprising and possession following thereupon.
Page 190.
The electronic version of the text was provided by the Scottish Council of Law Reporting