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The L. of Wardis pursues the L. Dinkintie for the astricted multures of his lands, in the which multures Wardis was infeft, and the defender proponing a nullity against the pursuer's infeftment, the same being of lands of the abbacy Lindores, since the annexation whereof to the crown there was no dissolution made before the pursuer's infeftment, without which had preceded, the pursuer's infeftment could not be found valid, the same being granted since the annexation; this nullity of not dissolution, was not received against this infeftment boc ordine, because it was offered to be proved, that the same was clad with real possession these 15 years bygone, and because there were three infeftmerits standing in the persons of three of the pursuers authors, which the Lords found could not be taken away so summarily by exception in this judgment, tending to continue a possession, and not to acquire a new possession, but they reserved action upon that nullity to the excipient, as accords.
Act. — & Davidson.Alt. Advocatus.Clerk, Gibson.
Fol. Dic. v. 2. p. 92. Durie, p. 394.
