Scottish Court of Session Decisions

Subject_1 DECISIONS of the LORDS OF COUNCIL AND SESSION, reported by SIR JOHN BAIRD OF NEWBYTH.

Sir Archibald Stewart of Blackhall
v.
The Laird of Rothemay

Date: 23 December 1664

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Sir Archibald Stewart of Blackhall,—having apprised the lands of Rothemay, and others, from Alexander, Lord Saltoun, as lawfully charged to enter heir to umquhile John, Lord Saltoun, his father; upon that ground, as having right to the gift of ward and non-entry of the said Alexander, Lord Saltoun, of the said lands, by apprising, and as having right to the decreet of general declarator of the said Alexander Lord Saltoun his escheat and liferent;—intents reduction against the Laird of Rothemay, Park, and others, for reducing a disposition granted by umquhile John, Lord Saltoun, to the late Lord Uchiltrie, of the said lands; upon that reason, that umquhile John Saltoun was interdicted, and the interdiction duly published, before granting of the said disposition; and for reducing the rights granted to the said Lord Uchiltrie to Rothemay and Park; which behoved to fall in consequence.

Whereunto it was answered, That there could be no process, because no infeftment had followed upon the comprising.

The Lords repelled the allegeance, and sustained the pursuer's interest upon the comprising, which they found to be equivalent to an assignation, and the interdictum to an inhibition; so that, for reducing of thir pursuers and their authors their rights, there needed no infeftment to pass upon the apprising.

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