Scottish Court of Session Decisions

Subject_1 REMOVING.
Subject_2 SECT. I.

Who entitled to pursue a Removing.

Laird of Clunie
v.
Harthill

Date: 19 February 1630
Case No. No 23.

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In a removing, it is excepted, That the possessor stands infeft in the land, and clad with possession of 100 years. To which it was replied, That the excipient's infeftment being base, and his superior's infeftment being reduced, makes the vassal's base infeftment to fall per conseque tiam, and not able to defend him in a removing, although the said libel was not called in the reduction of his author's infeftment.

Auchinleck, MS. p. 197.