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You are here: BAILII >> Databases >> Scottish Court of Session Decisions >> Gordon of Birsmore v John Johnstoun of Frosterhill. [1666] 1 Brn 528 (17 July 1666)
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Subject_1 DECISIONS of the LORDS OF COUNCIL AND SESSION, reported by SIR JOHN BAIRD OF NEWBYTH.
Date: Gordon of Birsmore
v.
John Johnstoun of Frosterhill
17 July 1666 Click here to view a pdf copy of this documet : PDF Copy
John Johnstoun of Frosterhill having disponed his lands of Frosterhill to Gordoun
of Birsmore, with absolute warrandice; and Birsmore being denuded in favours of Alexander Burnett, he has charged Frosterhill upon the clause of absolute warrandice; and declares his special charge to warrant, in regard Frosterhill had granted a second disposition, in favours of Mr William Johnston, who is infeft thereupon. Frosterhill has suspended upon this reason; because, in the pretended disposition made to Birsmore, the suspender's, and his wife's liferent are reserved; so that the charger being debarred from the possession, he cannot seek warrandice. To this it is answered, That the suspender having granted double rights, and the right granted to William Johnston being such a right as may debar the charger, he has good interest to the warrandice: and, if this action should not now be sustained, it would be frustra; Frosterhill having no other visible portion but only the naked liferent.
The Lords found the letters orderly proceeded, notwithstanding of the reason, that there was, nor there could be, no present distress.
Page 76.
The electronic version of the text was provided by the Scottish Council of Law Reporting