The Lord Treasurer-Depute v. The Parson of Dundee and Others
Date: 9 July 1672 Case No. No 33.
Title in burgage tenements.
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In a removing at the instance of Lord Hattoun, Treasurer-depute, against the Parson of Dundee, for removing from a lodging within the town, it was alleged, No removing, because the pursuer's title was only a gift of ultimus hæres under the great seal, whereupon no infeftment followed, not only until after the warning, but until after the term of Whitsunday, unto which they were warned to remove. It was replied, That there was produced a sasine of barony of Dudhope, comprehended the said tenement, and was sufficient against the defender, who could allege no right; likeas, they offered to produce a special sasine in that tenement, which was sufficient; albeit, it was after the term.
The Lords did sustain the removing, seeing the defender could allege no right in his person, but superceded all execution till Martinmas next, in respect that the sasine of the barony did not bear expressly this lodging, nor was taken thereat, and that the lodging held of the town of Dundee in libero burgagio.
