Citation in Processes of Mails and Duties and Removings.
L Bamff v. His Tenants
Date: 7 December 1627 Case No. No 93.
An exception sustained in a removing, that the defenders were tenants to a third party infeft in the lands who was not warned; and they were found not obliged to say or instruct that he was lawfully infeft, because the master only could be obliged to dispute upon the lawfulness of his right.
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In a removing by L. Bamff against his Tenants, the Lords found an exception relevant, proponed for the defenders, that they were tenants to one condescended upon, who was heritably infeft in the lands libelled, and who was not warned; and found it not needful that the tenants should say, that their master was lawfully infeft, as the pursuer contended, that they should be astricted to say; for, he replied, that if they excepted not upon a lawful infeftment, the exception could not be admitted; which the Lords found the tenants could not be astricted to do, seeing their master might only be compelled to dispute upon the lawfulness of his own right.
Act. Baird.Alt. ——.Clerk, Gibson.
Fol. Dic. v. 1. p. 140. Durie, p. 318.
