Subject_1 HERITABLE and MOVEABLE. Subject_2 SECT. VII.
Rights having tractum futuri temporis.
Wright v. Lauder
Date: 22 March 1634 Case No. No 41.
A prior disposition of liferent without sasine was preferred to a posterior right to the fee.
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James Wright being infeft heritably in some tenements in Lauder, by disposition of ——— Ker of Redpeth, pursues a removing; and the defender's alleging a prior disposition of his liferent made by him, albeit without sasine, by virtue whereof one of the defenders was in possession, the Lords preferred the prior disposition without sasine, where it was clothed with possession, albeit there was not a liferent in the disponer's person, distinct from the property, but that he was then fiar; neither was it respected, what the pursuer alleged, that the defender's disposition of the liferent made to him, was not clothed with possession, before the pursuer's acquiring of the heritable right, as he replied it ought to be, seeing both the parties rights were made within these two or three years last bypast, and the prior right acquired, and being now clothed with possession the time of this pursuit, was sustained without sasine, as said is; but the disposition of the liferent not clothed with possession, albeit prior, was repelled, because the sasine and this pursuit gave preference to the same, even as if there had been two dispositions made, the prior last intimated, or not intimated at all, would have been postponed to the second disposition first intimated.
