[1630] Mor 12049
Subject_1 PROCESS.
Subject_2 SECT. VI. Defences.
Date: -
v.
Annand
21 December 1630
Case No.No 132.
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Tenants being pursued for mails and duties by a compriser, allege, They are tenants to another man, who stands infeft in the said lands, and is in possession thereof, in uplifting from them the mails and duties, and he is not summoned. To which it was answered, That their master's infeftment was null. It is duplied by the tenants, That they cannot dispute their master's right; but he must be summoned to dispute his own right. The Lords would not sustain this exception, being proponed dilatorily; but ordain the master to compear for his interest.
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