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Scottish Court of Session Decisions >>
Earl of Mar v My Lord Elphingstgn. [1600] Mor 13495 (00 January 1600)
URL: http://www.bailii.org/scot/cases/ScotCS/1600/Mor3113495-008.html Cite as:
[1600] Mor 13495
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Alleged, No process, because all parties having interest are not summoned, viz. my Lady Kildrummy, who is infeft publicly in the lands libelled holding of King. Replied, Not competent to the the defender, seeing she is not author to him, and will not be obliged to warrant him, as was decided betwixt Polmais and Redhall,. Duplied, Seeing she is infeft publicly, and may be harmed by this action, her infeftment being reduced, she should have been summoned thereto. Triplied, Her infeftment not being called for principaliter, but only falling in consequentiam, he needed not to call her; and the furthest that can be sustained for her who is liferenter, is to suffer her to compear for her interest, and concur with the defender. Repelled this allegeance.
