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 >>
Lilias Hamilton v Her Tenants. [1665] Mor 16522 (27 July 1665)
URL: http://www.bailii.org/scot/cases/ScotCS/1665/Mor3816522-014.html
Click here to view a pdf copy of this documet : PDF Copy
Lilias Hamilton being infeft by her husband, in life-rent, pursues her tenants. Compearance is made for their present master, who alleged, that her husband's right was only a wadset granted by him, and that he had used an order, and had redeemed the wadset, and paid the money to the pursuer's husband; and neither knew, nor was obliged to know the pursuer's base infeftment from her husband, the wadsetter, which had never any other possession, but the husband's. It was answered, That the pursuer's sasine being registrated, he was obliged to know the same, as well as if it had been an inhibition, especially seeing there was no process of declarator, in which case all parties having interest, should have been called at the market cross, but a voluntary redemption, albeit upon an order.
The Lords sustained the defence, notwithstanding of the reply.
