Citation in Processes of Mails and Duties and Removings.
L Lochinvar v. Graham
Date: 14 February 1633 Case No. No 97.
Found in conformity with No 90. p. 2226.
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In a removing, Graham the defender alleging, that he is tenant to the apparent heir of one Graham, which —— Graham was heritably infeft in the lands libelled, and by virtue thereof 30 years in possession of the saids lands libelled; at least the defender bruiked by the tolerance of the said apparent heir, and he is not warned; The Lords repelled this allegeance, except the tenant should allege, that the said umquhile —— Graham was lawfully infeft, and that his infeftment was lawfully confirmed, seeing they were kirk-lands, which were controverted; and found that the tenant ought to allege this, other-ways that the allegeance should be repelled; and that he ought to condescend, by whom that Graham was infeft.
Act. Gilmour.Alt. ——.Clerk, Gibson.
Fol. Dic. v. 1. p. 140. Durie, p. 672.
