Scottish Court of Session Decisions

Subject_1 DECISIONS of the LORDS OF COUNCIL AND SESSION, reported by SIR JOHN GILMOUR OF CRAIGMILLER.

Thomas Wilkieson
v.
Thomas Cranstoun

1663. June.

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Thomas Wilkieson obtains a decreet of removing against Barbara Sanderson, for removing from a burgess acre in Lawder; which was suspended by her and by Thomas Cranstoun in Lawder, (who was called to the giving of the said decreet,) upon this reason, That Barbara is tenant to the said Thomas, who has disposition of the said burgess acre from his father, who had right thereto from his mother, and, by virtue of the said rights, [has been] above seven years in possession. Answered, Not relevant, unless the said Thomas or his father were infeft; whereas the charger is infeft. Replied, That any infeftment the charger has, is only upon an apprising, whereupon he obtained letters of horning and compelled the bailies of Lawder to infeft him: which being done superahundanter, cannot prejudge the defender's right, which is sufficient without a seasine; because he offers himself to prove, that the constant custom of the town of Lawder, among the burgesses, is, to transmit their rights to burgesses acres by naked dispositions and acts of the Town-Court; concerning which acres there are divers other privileges singular, and not elsewhere in any other burgh; for there being of old disponed, by the king, 150 acres to 150 burgesses of Lawder, they were disponed with this quality, that there can be no more or fewer burgesses than there are burgess acres; and no burgess can possess more than one; and they are not transmittable to any but to a burgess, who is never infeft, but bruiks, by an Act of Court, with a naked disposition. The Lords, before answer, ordained the charger to condescend whether the person from whom he comprised was infeft or not.

No 86, Page 67.