Citation in Processes of Mails and Duties and Removings.
La Maxwell v. Her Tenants
Date: 18 March 1630 Case No. No 96.
In a removing at the instance of a lady tercer kenned, there was found no necessity to call a compriser from her defunct husband, tho' infeft and in possession of the rents.
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In a removing Lady Maxwell contra Her Tenants, she being served, and upon a precept of the macers, before whom she was served, being kenned to her terce, produced the instrument of kenning for her title; and the Mr of Yester's son, who, upon comprising from the heritor, was infeft by public infeftment in the land, and by virtue thereof divers years in possession, being alleged to be a necessary party, who was not warned nor summoned, as he ought to have been to this pursuit; and also it being alleged, that the kenning, without production of the service, could not be a title to the pursuer for this pursuit; the allegeances were repelled, and the kenning found enough to instruct this pursuit as a sasine, without necessity of the charter or warrant thereof; and that there was no necessity to produce the service, or to warn the compriser, albeit infeft and in possession, no more than there was necessity to warn the Earl of Nithsdale heritor, from whom the lands were comprised, who was the heir or apparent heir of her husband, by whose decease she hath right to her terce.
Act. Douglas.Alt. Sharp.Clerk, Hay.
Fol. Dic. v. 1. p. 140. Durie, p. 507.
