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You are here: BAILII >> Databases >> Scottish Court of Session Decisions >> Richard Guthrie v The Earl of Galloway and his Sons. [1637] 1 Brn 373 (15 November 1637)
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Cite as: [1637] 1 Brn 373
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[1637] 1 Brn 373
Subject_1 DECISIONS of the LORDS OF COUNCIL AND SESSION, reported by SIR GEORGE AUCHINLECK OF BALMANNO.
Date: Richard Guthrie
v.
The Earl of Galloway and his Sons
15 November 1637 Click here to view a pdf copy of this documet : PDF Copy
Richard Guthrie, assignee to an annualrent disponed to Mr Archibald Lindsay, and Christian Heriot, his spouse, furth of the lands of Sourby, pursues the Earl of Galloway, and his sons, heritors of the lands out of the which the annualrent is payable; as heritors, at the least, as they who uplifted from the tenants the maills and duties of the lands: to see and hear them decerned to make payment of the annualrent addebted of the years bygone, and yearly in time coming, during their occupation. It was alleged by the defenders, That they could not be convened personali actione, but they behoved to poind the ground for the said annualrent, and poind the tenants of the ground. The Lords sustained the summons against the heritors, being intromitters with the duties for so much as they have intromitted with for bygones, but not for time to come; for which the pursuer must intent new action, in case the heritors intromitted with the duties from the tenants.
2d MS. Page 171.
The electronic version of the text was provided by the Scottish Council of Law Reporting