Scottish Court of Session Decisions

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

The Lord Cranstoune
v.
Andrew Scott

Date: 16 February 1631

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The Lord Cranstoune, superior to Sir John Scott of Newburgh, of the lands of Favodsheill, seeks a declarator of the said Sir John his liferent, as fallen to the superior, by his vassal's remaining at the horn attour year and day. Compears Andrew Scott, chirurgeon, creditor to the said Sir John, and who had comprised from him the said lands, alleging, No declarator can be granted of Sir John his liferent in favours of the pursuer, superior; because he, as creditor, had comprised the said lands, at the least, had denounced the said lands to be comprised before expiring of year and day, after the said Sir John was denounced rebel. To the which it was answered, That the horning being in cursu, and the rebel not being relaxed before the expiring of year and day, the denunciation of the lands could not prejudge the superior of his casualty, except the creditor had comprised the lands and charged the superior to receive him before year and day had expired. Which reply the Lords found relevant.

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