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Scottish Court of Session Decisions
You are here: BAILII >> Databases >> Scottish Court of Session Decisions >> Rae v The Bailie of Lanerick. [1627] 1 Brn 240 (13 December 1627)
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Subject_1 DECISIONS of the LORDS OF COUNCIL AND SESSION, reported by SIR GEORGE AUCHINLECK OF BALMANNO.
Date: Rae
v.
The Bailie of Lanerick
13 December 1627 Click here to view a pdf copy of this documet : PDF Copy
The bailies of Lanerick being charged to enter one heir to a tenement of land, who was served and retoured heir to his goodsir, of the said tenement, suspend the charge; and a third party, compearing for his interest in the suspension, alleges, That the bailies cannot enter him that charged to the said tenement, because the charger's father was infeft in the said tenement, and had disponed the same to the excipient, who stood presently infeft therein, so that the service was erroneous in serving him to his goodsir, and missing his father, who was infeft. The Lords found the letters orderly proceeded against the bailies, upon the retour, and ordained them to enter the charger salvo jure cujuslibet. And if the party who compeared for his interest, was pursued or troubled, he might defend upon his own right.
Page 20.
The electronic version of the text was provided by the Scottish Council of Law Reporting