Scottish Court of Session Decisions

Subject_1 DECISIONS of the LORDS OF COUNCIL AND SESSION, reported by SIR GEORGE AUCHINLECK OF BALMANNO.

Logan of Coatfield
v.
Gilbert Hunter

Date: 4 December 1628

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Logan of Coatfield, for onerous causes, gets, from his goodson Greinlaw, a disposition of certain tenements in Leith, containing a procuratory of resignation; and is, conform to the disposition, put in possession, by uplifting of the mails and duties, but neither makes resignation, nor obtains himself infeft in the said lands. And, in the meantime, Gilbert Hunter comprises the said tenements, for debt owing to him by Greinlaw, and charges the bailies of Edinburgh to infeft him, and obtains a charter from them, and takes seasine, but negligently omits to registrate the seasine. Coatfield, finding the seasine not registrate, to be null, upon a resignation, obtains himself infeft, conform to his first disposition, and pursues the tenants to remove. In the which action, compears Gilbert Hunter, for his interest, and alleges, That the tenants cannot be removed upon this infeftment granted to Coatfield; because he had lawfully, before the said resignation and infeftment following thereupon, comprised the said tenements, and charged the said superior to enter him; like as he was first seised, though not first registrate; and although his seasine was after Coatfield's infeftment, yet it ought to be drawn back to the time of his charge given to the superior, after the which, the superior could give no infeftment to Coatfield, upon the common author's resignation, to his prejudice. The Lords repelled the allegeance proponed by Hunter, and decerned the tenants to remove at the instance of Coatfield. Some thought this a hard decision.

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