Scottish Court of Session Decisions

Subject_1 DECISIONS of the LORDS OF COUNCIL AND SESSION, reported by SIR GEORGE AUCHINLECK OF BALMANNO.

The Earl of Tulliebarden
v.
Alexander Fleming of Mones

Date: 2 March 1636

Click here to view a pdf copy of this documet : PDF Copy

Patrick, now Earl of Tulliebarden, assignee constituted by the deceased William, Earl of Tulliebarden, his brother, in and to the reversions granted by the vassals of Atholl, pursues Alexander Fleming of Mones, for exhibition of two contracts, containing the reversions of certain lands, wadset to the said Alexander, to the effect the pursuer might have the transumpts of them. It was alleged by the defender, That no process could pass upon the assignation made to the pursuer, because the same is not registrate, conform to the Act of Parliament. To the which it was replied, That the foresaid allegeance ought to be repelled, in respect of the disposition produced, made by the deceased William Earl of Tulliebarden to the pursuer, of the haill earldom of Atholl, containing a procuratory of resignation and an assignation to all reversions; which disposition, whether registrate or unregistrate, is sufficient to the pursuer to crave exhibition of the contracts containing the reversions; speeially against the defender, granter of the said reversions, who had no other right to the wadset lands but proceeding upon the said contracts, containing the reversions; and no other assignee, except the pursuer, pretends right to the said reversions. The Lords repelled the allegeance, and decerned exhibition.

2d MS. Page 81.