Subject_1 DECISIONS of the LORDS OF COUNCIL AND SESSION, reported by SIR JOHN LAUDER, LORD FOUNTAINHALL.
Andrew Moir v. Margaret Muild and Margaret Dae
Date: 20 January 1665
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I procured another Civil Register of Decreets, beginning the 20th of January 1665, and ending the 18th of February 1665
Signet MS. folio 39.
Mr. Andrew Moir, professor of physic in the burgh of Old Aberdeen, is infeft in a tenement of land lying within the burgh of Perth, in the Venel thereof, called Fleming's Venel. By a precept of warning, forty days before the term of Whitsunday last bypast, he charges Margaret Muild and Margaret Dae, widows, tenants possessors of the said tenement, to remove and flit them and theirs, to the effect he and his tenants may enter thereto. This precept they having disobeyed, and the term being bygone, he summons them before the bailies of Perth, where he obtains decreet against them, decerning them to flit and remove. Upon this decreet he immediately raises letters of horning, charging them to remove within six days after the charge, and that under the pain of rebellion, of ward and imprisonment of their persons, and of ejection of themselves and their goods. This charge they suspend, 1mo, Because the said suspenders being both poor widows, and having the charge of many fatherless children, they have lived these twenty-seven years as tenants in the said houses, without any trouble or molestation from any body, but especially from this charger, whose right they never so much as heard of, he never having pursued them for maills or duties, &c. 2do, Esto, he were heritor of the said lands, whereof they know nothing, the said houses were set to them long ago; and so before this removing, by Jean Lethan, life rentrix of the said tenement, and who stands infeft therein, whom constantly they have acknowledged as master, by payment to her and her spouse, of the maills of the said house. Likeas, at the pronouncing of the said pretended decreet, whereon the letters are raised, the said Jean Lethan's procurators compearing, objected, that no removal could be sustained at this now charger's instance, in respect of the said Jean her standing infeftment; whom, till he did redeem, and so acquire her right, he had no power to remove. Notwithstanding of which defence, the bailies, against all law and reason, pronounced the decreet foresaid, the like whereof has never been seen. Item, the said Jean is distressing and pursuing the said suspenders for payment, making to her of the said maills, in respect that she set these houses to them. And, therefore, till such time as the charger purge the said Jean her infeftment, and so secure the suspenders at her hands, he was in mala fide to charge them to remove; as also, they can nowise be liable to obtemper the said decreet. But, 3tio, They are ready to depone they were never lawfully warned to remove. Igitur, &c.
At the calling of this suspension, the suspenders, by their procurator, repeated their reasons above set down: whereto it was answered for the charger, that notwithstanding thereof, the letters ought to be found orderly proceeded, and that he opponed the decreet.
All which being considered by the Lords, they found the letters orderly proceeded; decerned them to be put to farther execution, ay and while the suspenders should remove to the effect the charger may enter, &c.; and that conform to his infeftment and seasing thereupon, precept of warning, decreet, act of Parliament, and custom within burgh.
Susp. Mr. Nathaniel Fyfe.Alt Mr. William Moor, Wm. Lauder.
Signet MS. No. 2 folio 39.
