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Cite as: [1615] Mor 16443

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[1615] Mor 16443      
Subject_1 VASSAL.

Hamilton
 v.
Tenants of Newburgh

 Date: 29 November 1615
Case No. No. 1.

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In an action of removing pursued by George Hamilton upon an apprising against the tenants of Newburgh, the Lords found, That the ward of the land could not fall in the King's hands by the decease of Pa. Lo. Sinclair, because not only was his comprising led against him before his decease, but also his Majesty upon the comprising had given a charter; and albeit the Lo. Sinclair died before sasine, yet that could not prejudge the sasine and infeftment. This decided against the Laird of Ormiston, compearing.

Item, In the same cause, found, That an infeftment granted after the inhibition used by George Hamilton could not defend in the removing, more than in the comprising.

 Kerse MS. fol. 112.

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

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URL: http://www.bailii.org/scot/cases/ScotCS/1615/Mor3716443-001.html