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You are here: BAILII >> Databases >> Scottish Court of Session Decisions >> Streit, Englishman, v Lady Torphichen. [1669] 1 Brn 586 (17 June 1669) URL: http://www.bailii.org/scot/cases/ScotCS/1669/Brn010586-1484.html |
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Subject_1 DECISIONS of the LORDS OF COUNCIL AND SESSION, reported by SIR PETER WEDDERBURN, LORD GOSFORD.
Date: Streit, Englishman,
v.
Lady Torphichen
17 June 1669 Click here to view a pdf copy of this documet : PDF Copy
Streit, pursuing a poinding of the ground upon an infeftment granted by James Mason, the Lord Torphichen, who was superior of the lands, and had comprised the property, did compear and allege, That albeit it was [true] that, as superior, he nor his donatar could have no right to Mason's liferent, in respect he had received his son to be his vassal; yet, seeing the son's right was reduced, he might join his right of superiority and comprising, and thereupon crave preference as to the liferent.
The Lords found, That these two titles, being disparata and of divers natures, and the liferent escheat not being sustained, it could not fortify the right of the comprising, which was after the pursuer's infeftment of annualrent.
Page 53.
The electronic version of the text was provided by the Scottish Council of Law Reporting