Subject_1 DECISIONS of the LORDS OF COUNCIL AND SESSION, reported by SIR JOHN LAUDER OF FOUNTAINHALL.
James Naysmith v. The Tenants of Whitslaid and William Montgomery
Date: 5 July 1694
Click here to view a pdf copy of this documet : PDF Copy
James Naysmith, pursuing the Tenants of Whitslaid, and William Montgomery, on a general service, as heir to his mother;—it was objected,—That it was not a sufficient active title to carry the right of the adjudication, because there was infeftment passed thereupon. Answered,—He passed from the infeftment; and, in that case, there was no doubt but the general service was sufficient. The Lords found he could not divide them, seeing there was infeftment actually taken; and which could not be conveyed but by a special service.
