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You are here: BAILII >> Databases >> Scottish Court of Session Decisions >> Reid and Glass v Cunningham of Enterkin. [1669] 1 Brn 593 (10 July 1669)
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Subject_1 DECISIONS of the LORDS OF COUNCIL AND SESSION, reported by SIR PETER WEDDERBURN, LORD GOSFORD.
Date: Reid and Glass
v.
Cunningham of Enterkin
10 July 1669 Click here to view a pdf copy of this documet : PDF Copy
In a double poinding against the tenants of some lands, belonging to the Earl of Loudon; Enterkin craving preference, as being infeft in an annualrent prior to the wadset granted to William Reid, and possession conform:—It was alleged for the wadsetter, That he ought to be preferred, because Enterkin had accepted of a factory from him, as having a valid right to the lands; and obliged himself to uplift the duties for his use, without any reservation of his annualrent.
The Lords did sustain the allegeance, and preferred the wadsetter; notwithstanding it was answered, that he, having a real infeftment and possession, needed not reserve the same.
Page 64.
The electronic version of the text was provided by the Scottish Council of Law Reporting