BAILII [Home] [Databases] [World Law] [Multidatabase Search] [Help] [Feedback]

Scottish Court of Session Decisions
You are here: BAILII >> Databases >> Scottish Court of Session Decisions >> Fenton v The Tenants of Mathertie. [1610] Mor 2233 (1 December 1610)
URL: http://www.bailii.org/scot/cases/ScotCS/1610/Mor0602233-105.html
Cite as: [1610] Mor 2233

[New search] [Printable PDF version] [Help]

[1610] Mor 2233      
Subject_1 CITATION.
Subject_2 SECT. XXII.

Citation in Processes of Abstracted Multures.

Fenton
 v.
The Tenants of Mathertie

Date: 1 December 1610
Case No. No 105.

Click here to view a pdf copy of this documet : PDF Copy

He who is denuded of his heritable right, by resignation thereof made in favour of him who is infeft, holden of the King, cannot use that infeftment as a title of his pursuit; neither can the concurrence of him who is infeft sustain the pursuit; because they are not compatible, and the exception is merely exclusivum juris agentis.

A man may pursue the possessor of lands for abstracting of his eorns from the pursuer's mill, albeit he call not the heritor, because the tenant is called super facto proprio; but that decreet given against the tenant, will not prejudge the master of his defence or right.

 Fol. Dic. v. 1. p. 140. Haddington, MS. No 2029. & No 2030.

The electronic version of the text was provided by the Scottish Council of Law Reporting     

BAILII: Copyright Policy | Disclaimers | Privacy Policy | Feedback | Donate to BAILII
URL: http://www.bailii.org/scot/cases/ScotCS/1610/Mor0602233-105.html