Scottish Court of Session Decisions

Subject_1 DEATH.
Subject_2 SECT. IV.

Where a Master or Tenant Die after Warning.

John Ramsay
v.
Hume

Date: 27 November 1629
Case No. No 11.

An heir, after he is retoured and infeft, may pursue a removing upon a warning given by his predecessor, though his predecessor survived the term.

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In a removing pursued by John Ramsay, upon a warning made by the pursuer and Lo. Ramsay, who was liferenter of the lands, whereof this pursuer was then fiar; it was alleged, That no process could be upon the said warning, because it was made by the liferenter, the time of his liferent standing, the heritor now pursuing having no right then to warn; and now the liferenter being dead, to whom the interest to prosecute that warning belonged, this pursuer therefore cannot seek removing thereon. This allegeance was repelled, seeing the liferenter and fiar concurring in the making of the warning, the surviver might pursue removing thereon.

Act. Lawtie. Alt. Sandilands. Fol. Dic. v. 1. p. 210. Durie, p. 470.