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Scottish Court of Session Decisions >>
Watson v Tenants. [1603] Mor 2205 (00 February 1603)
URL: http://www.bailii.org/scot/cases/ScotCS/1603/Mor0602205-057.html Cite as:
[1603] Mor 2205
The donatar to a rebel's liferent having obtained general declarator, the Lords found that he may warn tenants to remove without necessity of calling the rebel.
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A man in Aberdeen being put to the horn, his escheat and liferent is disponed to one Watson, who, after general declarator obtained by him, made warning to certain of the rebel's tenants to remove. They excepted, that no process should be granted, because they were tenants to the master, who was heritably infeft, and was not called. It was answered, That he being rebel, and, by his remaining year and day at the horn, the pursuer having obtained the gift of his liferent and declarator thereupon, in effect, he was his author, and so needed not to be called. The Lords repelled the exception, and found he needed not to call the rebel.——Thereafter Mr Robert Paip compeared, and alleged that the tenants of these lands could not be removed at the pursuer's instance, because the said Mr Robert was heritably infeft in the saids lands; and so the pursuer, not being infeft, could have no action for removing the tenants, or apprehending the possession of the said lands. It was answered, If any infeftment the said Mr Robert had, it was granted by the rebel after his declarator; and so the donatar, having obtained declarator, could not be prejudged thereby. In respect whereof the Lords repelled the allegeance.
