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Scottish Court of Session Decisions >>
The Earl of Arran, v Donatar to Coltness's Forfeiture. [1687] Mor 4715 (00 July 1687)
URL: http://www.bailii.org/scot/cases/ScotCS/1687/Mor1104715-042.html Cite as:
[1687] Mor 4715
The Earl of Arran, v. Donatar to Coltness's Forfeiture
1687.
July. Case No. No 42.
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The Earl of Arran, donatar to Coltness's forfeiture, applied to the Council to be put in possession for five years of the lands of North Berwick, whereof the rebel and his factors were in possession the time of the rebellion, that he might find out the rebel's rights in the mean time.
The Council ordained him to be possessed, and the bygone rents to be paid to him by the factors; though it seems, by the act of Parliament; he could only claim right to these pro futuro, after the decreet for his possession, and here Inglis of Cramond was competing for these bygones, who having, since the act of council, arrested them in the factor's hands, the Lords of Session, upon a bill given in to them, discharged the arrestment without loosing, the factor being put in by themselves. Here the rebel's right was notourly known to be a wadset. The like act of council for summary possession was given, August 2. 1687, to Andrew Ker donatar, who had no retour of quinquennial possession.
