Subject_1 DECISIONS of the LORDS OF COUNCIL AND SESSION, reported by SIR JOHN LAUDER LORD FOUNTAINHALL.
Andrew Daw and Robert Wood v. Henry Hope, Euphame Monypennie, John Smith, and Others
Date: 26 November 1663
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Andrew Daw, in Craill, in anno 1650, is infeft upon disposition made to him by Sir James Lermonth of Balcomie, Knight, in the just two part of the lands of Sauchop, lying within the Sheriffdom of Fife; with the just and equal two part of the mansion or manor-place thereof, houses, biggings, yards, salt-pans, &c. lying within the parish of Craill. Upon disposition granted by the same Sir James, at the same time, Robert Wood, burgess, also in Craill, is duly and lawfully infeft in the just third part of the said lands of Sauchop, with the just third part, &c. After this, Sir James grants a bond to Mr. James Monypennie, sometime of Dummo, wherein he obliges him and his heirs to infeft the said Mr. James and his heirs, in an annualrent of 720 merks, to be uplifted by them out of the said lands of Sauchop; whereupon they are accordingly infeft; and upon their infeftment crave to get a decreet for poinding of the ground. To stop this, Andrew Daw and Robert Wood raise a summons of reduction and declarator against Henry Hope, as assignee constituted by James Monypennie, son to Mr. James, to whom the bond was granted; item, Euphame Monypennie, and her husband, Mr. John Smith, minister in Edinburgh, and the rest of her brothers and sisters; before the commissioners for administration of justiee: charging them to produce and exhibit the said contract, bond, or disposition, granted by Sir James to their fathers, with all infeftments, charters,. &c. that have followed there-upon; item, to exhibit all rights, title, or securities of the said lands, granted by King Charles I. or II. in their favours, or of any of their predecessors to whom they may succeed jure sanguinis; to hear them reduced, &c. and to hear decreet given, that the said pursuers have the only good and undoubted right of property of the said lands, pure and free, without any burden of annualrents, or yearly duties or servitude, especially of this infeftment of annualrent craved to be reduced; and so that they have good right, by intenting this action, to remove all impediments that may stop them in the peaceable possession of the said lands; item, that the said lands cannot be poinded by virtue of the said pretended infeftment.
The government changing, this action, by a summons of wakening, is of new, again, in 1663, intented; and therein, for verification of it, their seasines are produced. Two terms being assigned to the defenders' procurator, for satisfying the production called for in the summons, he failyies: whereupon the term is circumduced against him; and decreet pronounced, reducing the said writs, for not production.
Act. Mr. William Beaton.Alt. Mr. John Harper.
Signet MS. No. 9. folio 3.
