BAILII is celebrating 24 years of free online access to the law! Would you
consider making a contribution?
No donation is too small. If every visitor before 31 December gives just £1, it
will have a significant impact on BAILII's ability to continue providing free
access to the law.
Thank you very much for your support!
You are here:BAILII >>
Databases >>
Scottish Court of Session Decisions >>
Good-man of Raploch v His Tenants. [1625] Mor 7057 (30 June 1625)
URL: http://www.bailii.org/scot/cases/ScotCS/1625/Mor1707057-001.html Cite as:
[1625] Mor 7057
Click here to view a pdf copy of this documet : PDF Copy
The good-man of Raploch seeking a decreet of poinding of the ground of the lands of Letham, by virtue of an infeftment of annualrent which he had acquired out of the said lands; the tenants excepted, That he could not pursue by virtue of his wadset, because he had since taken an infeftment of the property of the same lands under the redemption of 2700 merks, in which sum was contained the former, whereupon he had obtained the wadset. The Lords found, That the acceptation of a new right did exclude him from making use of the former, as long as the last was not quarrelled; but if he were put from it, that he might have recourse to his former right of wadset.
Fol. Dic. v. 1. p. 477. Spottiswood, (Dominium.) p. 83.
*** See Durie's report of this case, No 5. p. 1267, voce Base Infeftment.
