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You are here: BAILII >> Databases >> Scottish Court of Session Decisions >> Janet Wilkie, Katherine and Janet Ramsaye, Thomsone, and Maxwell, competing. [1650] 1 Brn 448 (1 January 1650)
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Subject_1 DECISIONS of the LORDS OF COUNCIL AND SESSION, reported by ROBERT MACGILL, LORD FOORD.
Date: Janet Wilkie, Katherine and Janet Ramsaye, Thomsone, and Maxwell, competing
1 January 1650 Click here to view a pdf copy of this documet : PDF Copy
The tenants of the lands belonging to umquhile John Ramsay, trumpeter in the Canongate, suspend, upon a multiplepoinding, against sundry persons pretending right to the maills; wherein compears Janet Wilkie, Katherine and Janet Ramsayes, one Thomsone, &c. But the said Janet Wilkie was preferred upon an infeftment of annualrent for 1000 merks to her father in liferent, and to her in fee, in the year 1624; suppose it was alleged by Ramsayes, that their uncle, from whom they had right, was infeft a year or two before: as also Thomsone, because the said Wilkie obtained poinding of the ground, and so came in possession before them, Thomsone having gotten but a personal decreet after Wilkie, and having comprised also thereon; which comprisings behoved ever to carry with the land the annualrent burdening the same. And where Maxwell, the mother, put in a reason, that she being liferenter, the said Wilkie her infeftment could not carry the mails: it was answered, That the said Maxwell, if she had any liferent, did consent to have infeftment.
Page 121.
The electronic version of the text was provided by the Scottish Council of Law Reporting