Freely Available British and Irish Public Legal Information
[Home] [Databases] [World Law] [Multidatabase Search] [Help] [Feedback]
Scottish Court of Session Decisions
You are here: BAILII >> Databases >> Scottish Court of Session Decisions >> Robert Craw v John Kerr. [1631] 1 Brn 330 (26 November 1631)
URL: http://www.bailii.org/scot/cases/ScotCS/1631/Brn010330-0874.html
[New search] [Printable PDF version] [Help]
Subject_1 DECISIONS of the LORDS OF COUNCIL AND SESSION, reported by SIR GEORGE AUCHINLECK OF BALMANNO.
Date: Robert Craw
v.
John Kerr
26 November 1631 Click here to view a pdf copy of this documet : PDF Copy
Robert Craw, son and heir to James Craw,—which Robert, as heir to his father, stood infeft in two tenements in Dumfermling,—pursues John Kerr, to hear and see the reversion of the said tenements to have expired, upon a clause irritant, contained in the contract of alienation and wadset of the said tenement. It was alleged for the defender, No process at the pursuer's instance upon this contract, until the same be transferred activè in the pursuer's person. It was replied, That he stood infeft in the lands, and had no sums to seek by that decreet, nor no other conclusion but a declarator of the expiring of the reversion, to the which he needs no transferring. Which reply the Lords found relevant.
Page 241.
The electronic version of the text was provided by the Scottish Council of Law Reporting