Scottish Court of Session Decisions

Subject_1 DECISIONS of the LORDS OF COUNCIL AND SESSION reported by SIR ROBERT SPOTISWOODE OF PENTLAND.
Subject_2 Such of the following Decision as are of a Date prior to about the year 1620, must have been taken by Spotiswoode from some of the more early Reporters. The Cases which immediately follow have no Date affixed to them by Spotiswoode.

Andrew Ker of Collilaw
v.
Euphame Muirhead

Date: 14 June 1632

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In a removing from a tenement in Edinburgh, pursued by Andrew Ker of Collilaw against Euphame Muirhead: Alleged, No process; because no warning produced. Replied, There was one produced, given by a town's officer, and subscribed by him, conform to the use within burgh. Duplied, Sufficient to pursue upon before the bailies, but not before the Lords, except the warning had been subscribed by the party, and executed forty days before the term, conform to the Act of Parliament. The Lords repelled this allegeance. Next alleged, The defender was infeft in liferent in the tenement libelled. Replied, Any infeftment she had was without any adminicle, and was given stante matrimonio, which was reducible; and was reduced, in so far as the husband who gave it disponed the same tenement to the pursuer, without reservation of her liferent. Duplied, Her infeftment could not be taken away, hoc ordine, but behoved to be reduced. The Lords sustained the exception, without prejudice to the pursuer of his action of reduction.

Page 288.