Subject_1 DECISIONS of the LORDS OF COUNCIL AND SESSION, reported by SIR JOHN LAUDER OF FOUNTAINHALL Subject_2 SUMMER SESSION.
John Ormiston v. William Ancrum
Date: 26 February 1678
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John Ormiston, in Kelso, pursues William Ancrum to remove from lands, be fore the Sheriff of Roxburgh.
He raises an advocation on this reason,—That he likewise stands infeft in the lands, and so there will arise a competition on double heritable rights, to which the Sheriff cannot be judge competent.
Answered,—Though the Sheriff was not competent to judge the validity of double infeftments, yet here we were not in that case; because this Ancrum was the disponer of the wadset to Turner, who had assigned it to Ormiston, and so he could never quarrel it.
Yet Craigie advocated the cause, because the wadset contained a back-tack, that Ancrum should possess upon paying the annualrent: notwithstanding, I Alleged, it was under a clause irritant that the back-tack should be ipso facto null and expire, if two terms did run in the third unpaid; which he repelled, because the failyie was not declared: but he allowed me to convert my action into a declarator of the failyie, for not paying the back-tack duty, and therefore that he ought to remove; and ordained Ancrum to answer thereto hoc or' dine, without any other formality.
