Scottish Court of Session Decisions

Subject_1 DECISIONS of the LORDS OF COUNCIL AND SESSION, reported by ROBERT MACGILL, LORD FOORD.

Mr Alexander Liske
v.
Patone

Date: 3 January 1650

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In the suspension of double poinding, Mr Alexander Liske and Patone, the said Liske alleged an infeftment in the year 1603, given by his father, reserving his own liferent; and Patone, being a creditor, alleged an infeftment given by the father in the year 1626, together with a ticket, dispensing with the said infeftment given by the superior, that the same should infer no recognition; but without his confirmation. (Where it is to be inquired, if the same infeftment was given to be holden of the superior, which would be public, if confirmed; but if it be base, it remains base, notwithstanding the superior's confirmation.) Then Liske alleges, That his father's possession being his while he lived, he, after his decease, obtains decreet of removing, which is civil possession: likeas, thereafter, he obtains also natural possession, by setting a tack to the tenant. Again, Patone alleged possession, by payment of the annualrent, and that Liske, as factor for his father, did pay him the same; and farther, that, in the year 1646, there being a double poinding raised by the tenants, Patone was ordained to be answered and obeyed. Whereunto Liske answered, That he did not compear in that decreet to produce his right: the which he produces now, and oppones the same together with his possession; likeas the said Patone has infeftment of other lands, which are able to pay him his annualrent.

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