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Subject_1 DECISIONS of the LORDS OF COUNCIL AND SESSION, reported by SIR JOHN LAUDER OF FOUNTAINHALL.
Agnes Burnet v. Mr Roderick Mackenzie of Prestonhall
Date: 12 July 1694
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Agnes Burnet against Mr Roderick Mackenzie of Prestonhall, for declaring his father-in-law Archbishop Burnet's adjudication extinct by intromission. Mr Rory clothing himself with an assignation to the liferenter's right; and it being replied, that he entered to the possession by the right of the fee he had by the adjudication; and he denying it:—the Lords found it relevant to prefer him, if he had both the right of fee and liferent in his person before he attained to the possession; in which case, they would ascribe his entry to the liferent, as the jus potius, which would have excluded his right of property by the adjudication, as prior thereto. For, as others may not invert the title of his possession, so neither can he ascribe it to any other right, save that by which he began his possession.
