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.

The Tenants of Lawder
v.
John Hamilton and James Wilson

Date: 29 January 1635

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In a double poinding, raised by the tenants of Lawder, who were distressed for payment of their mails and duties by John Hamilton on the one part, who had an annual-rent of 200 merks out of the said lands, and by James Wilson, writer, on the other part, who had comprised the same lands;—it was alleged by the compriser, That he ought to be answered, because he was infeft in the property, and none other could have right to the mails but he: As to the annual-renter, he might poind the ground for his annual-rent, but could not have the mails from the tenants. Alleged by the annual-renter, He ought to be preferred, because his infeftment of annual-rent was long before the compriser's right, and that he was in possession of his annual-rent all the while; likeas the duties of the lands would extend to no more than his annual-rent. The Lords preferred the annual-renter.

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