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Scottish Court of Session Decisions >>
John Irving of Drumcoltran v The Earl of Lithgow. [1694] 4 Brn 116 (5 January 1694)
URL: http://www.bailii.org/scot/cases/ScotCS/1694/Brn040116-0268.html
Subject_1 DECISIONS of the LORDS OF COUNCIL AND SESSION, reported by SIR JOHN LAUDER OF FOUNTAINHALL.
John Irving of Drumcoltran v. The Earl of Lithgow
Date: 5 January 1694
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John Irving of Drumcoltran, against the Earl of Lithgow, for paying him the rents of the forfeited lands of Auchinhay, which belonged to one Fullarton, who was forfeited for being at Bothwel-Bridge in 1679; and whereto Lithgow, being donatar, he had transacted with John Irving, and disponed the lands to him; and from which Irving alleged he was debarred by the forfeited person's brother and tenants, who refused to pay him; and he could not remove them, because the Earl had not given him a charter whereon he might have been infeft. The Lords considered that Drumcoltran had been remiss in pursuing for maills and duties, and that Lithgow was in peaceable possession before he denuded himself by that disposition, and that Irving should have continued that same possession; therefore they found it relevant to assoilyie Lithgow from being liable to pay him the rents, if he prove that he was in peaceable possession of the lands at the time of his disponing to John Irving. Some of the Lords thought it reasonable that Lithgow should count to him for the rents of such of the lands as the rebel's brother possessed by a right of wadset: for that was a legal, at least a colourable title to debar Irving from that part till it was discussed by a reduction.
