Click here to view a pdf copy of this documet : PDF Copy
Mr James Lindsay, servitor to the Bishop of Glasgow, having obtained the gift of liferent of Scot of Well, and general declarator thereupon, pursues special declarator against one Scot, for the mails and duties of the lands of ——, whereof the defenders alleging, that they had a contract of alienation of the said lands, under reversion, made to them by the rebel's father, and by virtue thereof they had been 38 years in possession; and the donatar answering, that it was not a good right, which could militate against the donatar, not being real, nor any infeftment taken thereon, no more than it would meet a singular successor. The Lords repelled the allegeance, and found, that the contract of wadset granted by the rebel's father, could not defend now after the decease of the father, his son being rebel, who was his apparent heir; seeing the defender had no real right, without which it would not meet the singular successor, nor the donatar, who now was as favourable as a singular successor, and more favourable than any other, in respect he had the superior's right, in whose person there was an heritable right of the land, which carried with it the effect of the property, so long as there was not a legal vassal, and this cannot exclude the superior's self, and no more his donatar.
Clerk, Gibson.
Fol. Dic. v. 1. p. 256. Durie, p. 738.
