Subject_1 DECISIONS of the LORDS OF COUNCIL AND SESSION, reported by SIR JOHN LAUDER, LORD FOUNTAINHALL.
Lady Dundie v. Her Tenants
Date: 10 June 1669
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My Lady Dundie being infeft in an annual-rent of ten chalders of victual, out of the Maines of Dudhop, in anno 1659, in contentation of former infeftments granted to her in 1650, 1651, and 1654, as remuneratory of the provisions contained in her contract of marriage in 1647; and pursuing a poinding of the ground; there is compearance made by Mr. James Brisbane and another creditor, both annual-renters, and infeft before the 1659, who contended for preference to my Lady; who urged, that her husband's possession was her possession before the 1659, and that they behoved to allege they were in possession before the 1650, 1651, &c. to which her infeftment in 1659 ought to be drawn back, as to the point of prelation of possession.
The Lords found her husband's possession her possession: but that the infeftment in 1659 could not be drawn back; in respect she had renounced all former infeftments, and accepted that ten chalders, &c. and the lands of Inverkeithing, in full contentation of all.
The information of this I have.
Act. Lockhart and Lermonth.Alt. Sinclar and Dunmuire.
Advocates' MS. folio 60.
