Scottish Court of Session Decisions

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

The Laird of Clackmannan
v.
The Laird of Allardyce

1631[or 1630.] March 8.

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The Laird of Clackmannan is infeft in an annualrent of 600 merks, forth of all and haill the lands and barony of Bonnymoon, or any part thereof, lying within the parish of Menmure: He craves poinding of the ground. Compears the Laird of Allardyce, and alleges, No poinding of certain roums wherein he stands infeft by comprising; because the pursuer is only infeft and seased in the lands and barony of Bonnymoon. But so it is, that the granter of Clackmannan's infeftment has no such barony called the barony of Bonnymoon; but the true denomination of the granter's barony is called the barony of Menmure; so the pursuer can have no poinding but of the lands of Bonnymoon, and no farther can his infeftment be extended. To the which it was replied, That the said denomination cannot vitiate the infeftment, cum constat de subjecto; and that the granter of the annualrent has no other barony lying within the parish of Menmure; as also, his seasine is taken at the place of Bonnymoon, which is the place designed for the seasing of the barony of Menmure. The Lords repelled the exception in respect of the reply, except the defender will allege that the Laird of Bonnymoon had another place designed in his infeftment, to take seasine of his barony of Bonnymoon nor at the place of Bonnymoon.

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