Subject_1 DECISIONS of the LORDS OF COUNCIL AND SESSION, reported by SIR JOHN LAUDER OF FOUNTAINHALL Subject_2 SUMMER SESSION.
Date: 28 January 1687
Christian Justice v. Buchanan of Leny
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The case of Christian Justice, relict of John Buchanan, against Buchanan of Leny is reported by Kemnay. Leny, by a contract, was obliged to denude himself of the right of two sums due to her husband by Clackmannan and Seaforth, with warrandice from his own fact and deed; which two sums were evicted by Buchanan of Arnprior, on a former right he had got from the husband; but, by a posterior clause, Leny is obliged to warrant all her provisions, whereof this was alleged to be one.
The Lords found this posterior warrandice did not extend to make him liable for thir evicted sums, the warrandice being specific, only from his own fact and deed. And this being reclaimed against, the Lords adhered.
