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You are here: BAILII >> Databases >> Scottish Court of Session Decisions >> Lockhart of Barre v The Earl of Abercorn's Tenants. [1628] 1 Brn 257 (25 March 1628)
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Subject_1 DECISIONS of the LORDS OF COUNCIL AND SESSION, reported by SIR GEORGE AUCHINLECK OF BALMANNO.
Date: Lockhart of Barre
v.
The Earl of Abercorn's Tenants
25 March 1628 Click here to view a pdf copy of this documet : PDF Copy
Lockhart of Barre having comprised the lands of Monzie, holden of the Earl of Abercorn, and having charged the superior to infeft him, the Earl suspends. The superior is decerned to infeft the compriser. The Laird of Barre pursues the tenants of the comprised lands, for removing, upon a warning made by him after the comprising. It was excepted by the tenants, That no process could be granted, at the pursuer's instance, for removing, until he were infeft and seised, notwithstanding of the alleged diligence done by him. Which allegeance the Lords found relevant to stay the removing; but would sustain action for the mails and duties.
Page 192.
The electronic version of the text was provided by the Scottish Council of Law Reporting