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Bonar v Lyon of Brigtoun. [1683] Mor 16606 (20 February 1683)
URL: http://www.bailii.org/scot/cases/ScotCS/1683/Mor3816606-063.html Cite as:
[1683] Mor 16606
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Some acres of kirk-lands formerly disponed with absolute and real warrandice, being designed for a glebe, the party recurred upon his warrandice against the disponer.
For whom it was alleged: That this eviction happening by virtue of a public law, cannot fall under the warrandice, especially considering, that though his danger might have been foreseen, as arising from the nature of church-lands, yet the same is not expressly provided against in the clause of warrandice.
Answered for the pursuer: The clause of warrandice secures from all evictions, dangers, and inconveniencies; 2do, The present eviction doth not occur from any supervenient law, but from the ancient laws of the kingdom, whereby church-lands are naturally liable to be designed for glebes.
The Lords decerned in the declarator of eviction.
Harcarse, No. 1014. p. 288.
*** P. Falconer's report of this case is No. 50. p. 9099. voce Minor non Tenetur, &C.
