Subject_1 DECISIONS of the LORDS OF COUNCIL AND SESSION, reported by SIR JOHN LAUDER, LORD FOUNTAINHALL.
Tod and Johnston v. my Lord Drumlanrick
Date: 13 January 1671
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My Lord having ejected thir persons by virtue of a decreet of removing, they intent reduction of that decreet upon this reason, that my Lord had no right to these lands standing in his person, but the naked superiority. Answered,—He had got an resignation ad perpetuam remanentiam from the last vassal of these lands, and so the property and superiority were confounded, and both concentred in his person.
Replied, This resignation cannot be respected, because, before it, the pursuers having charged Drumlanrick superior to enter them to the lands, as having right thereto by disposition, precepts were direct out of the chancellary, upon his disobedience, to the Sheriff for infefting them, and they were accordingly infeft before the resignation.
Duplled,—The precepts and the seasine are null, in respect the charge given to my Lord was suspended before the seasine was given.
Triplied,—Ought to be repelled, because the suspension was antedated, and though it bears date four days before by seasine, yet Walter Riddell and Hew Wallace the writer of it, being examined thereupon, they have both acknowledged that the bill was not so much as presented while after the date of the seasine.
