Scottish Court of Session Decisions
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You are here: BAILII >> Databases >> Scottish Court of Session Decisions >> Kilgour v Thomson. [1628] 1 Brn 245 (11 February 1628) URL: http://www.bailii.org/scot/cases/ScotCS/1628/Brn010245-0587.html |
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Subject_1 DECISIONS of the LORDS OF COUNCIL AND SESSION, reported by SIR GEORGE AUCHINLECK OF BALMANNO.
Date: Kilgour
v.
Thomson
11 February 1628 Click here to view a pdf copy of this documet : PDF Copy
In an action of double poinding of the mails and duties of a tenement, set in tack and assedation to a tenant;—the one party alleges that he has best right to the mails and duties, because by contract made betwixt him and the heritor of the said tenement, he is to be infeft in an annualrent furth thereof. The other party pretends better right, because he is specially assigned to the said mails and duties by the heritor, and his assignation duly intimated before the alienation of the said annualrent; at the least, before the infeftment was taken thereupon. The Lords preferred the assignee as having a more real right.
Page 13.
The electronic version of the text was provided by the Scottish Council of Law Reporting