BAILII is celebrating 24 years of free online access to the law! Would you
consider making a contribution?
No donation is too small. If every visitor before 31 December gives just £1, it
will have a significant impact on BAILII's ability to continue providing free
access to the law.
Thank you very much for your support!
You are here:BAILII >>
Databases >>
Scottish Court of Session Decisions >>
Urquhart v E. Caithness and Dick. [1629] Mor 10063 (9 July 1629)
URL: http://www.bailii.org/scot/cases/ScotCS/1629/Mor2410063-008.html Cite as:
[1629] Mor 10063
Click here to view a pdf copy of this documet : PDF Copy
A pensioner to the Earl of Caithness having the duties of lands assigned in his pension to him; for satisfaction whereof, having obtained a decreet and letters conform against the Earl, granter thereof, and against the tenants of the lands assigned, and conform thereto being diverse years in possession of the duties from the tenants; thereafter the lands being comprised from the heritor granter of the pension, which compriser was infeft by public infeftment, and in possession of the duties of these lands assigned, and he being convened by the pensioner for payment of the said duties to him the years intromitted with by the compriser; it was found, the said compriser was not holden to restore the same, and that the said pension being granted by a laick, and not by an ecclesiastical person, was not real, and did not affect the ground against a singular snccessor, but would only produce personal action or execution against the granter's self and his heirs, for the years since he was denuded of his heritable right by comprising and infeftment.
Act. Nicolson.Alt. Stuart.
Fol. Dic. v. 2. p. 55. Durie, p. 459.
