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Scottish Court of Session Decisions >>
James Deas v His Tenants. [1680] 3 Brn 371 (6 November 1680)
URL: http://www.bailii.org/scot/cases/ScotCS/1680/Brn030371-0500.html Cite as:
[1680] 3 Brn 371
Subject_1 DECISIONS of the LORDS OF COUNCIL AND SESSION, reported by SIR JOHN LAUDER OF FOUNTAINHALL Subject_2 SUMMER SESSION.
James Deas v. His Tenants
Date: 6 November 1680
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One hath an infeftment of annualrent, and a decreet of poinding the ground thereupon: he dies; and, while the son is making up a title, the debtor who granted the annualrent dispones the land to another, who, by virtue thereof, possesses a year or two: the heir of the annualrenter, being now infeft, pursues not only for a poinding of the ground, but likewise convenes him who intromitted by virtue of the disposition, personali actione, to refund.
Newton refused process against him, they being fructus bona fide percepti. But he may be in some mistake; for Durie, 15th March 1637 , Guthry, tells, the Lords sustained a pursuit of the same nature, and declared they would follow this decision in all time thereafter in all such cases.
