Scottish Court of Session Decisions

Subject_1 DECISIONS of the LORDS OF COUNCIL AND SESSION. reported by ALEXANDER TAIT, CLERK OF SESSION, one of the reporters for the faculty.
Subject_2 REMOVING.

William Alexander
v.
The Tenants of Dornoch

1773.

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Summer.

The estate of Dornoch having been brought to a judicial sale, in lots, the fishings were bought by William Alexander, merchant in Edinburgh, who, having extracted his decreet of sale, and obtained from the factor an assignation to a process of removing, which the factor had raised before the Sheriff against the tenants, insisted in the process. But it being objected that he had not yet completed his titles by infeftment, the Sheriff sustained the objection; and so did Lord Monboddo, 19th February 1771, in a process of advocation brought by Mr Alexander.

His Lordship, however, on a representation stating the above mentioned decision in the case of Lord-Advocate, pronounced this interlocutor:—“2d July 1771. Having considered this representation, with the answers, and the late decision of the Court in the case of the Lord-Advocate, and that Mr Alexander is insisting in this removing, not only as purchaser, but as assignee by the factor to a process of removing which was depending before the sale, alters the former interlocutor, sustains Mr Alexander's title to insist in this action,”&c.

He afterwards decerned in the removing, 18th January 1773.

And, upon advising petition and answers, the Lords adhered.

In this case all the tenants, except one, had formerly been removed by the factor, and were again admitted to the possession by the factor; and the one above excepted never had been in possession at all.

In this case also, the Lords were of opinion, that their factor could pursue a removing on the Act of Sederunt 1756, as well as any heritor.