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Scottish Court of Session Decisions >>
Ross v Lady Fowlis. [1695] Mor 16459 (2 June 1595)
URL: http://www.bailii.org/scot/cases/ScotCS/1695/Mor3716459-007.html Cite as:
[1695] Mor 16459
A liferentrix assigned an action of removing, and died after litiscontestation. An emergent exception thus arose against removing, but violent profits were found due.
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Ross, assignee constituted by the Lady Fowlis to a warning and action of removing pursued by her against certain tenants of her conjunct-fee lands, having made litiscontestation, and used some probation thereintill, it was alleged by the defenders, that they could not be decerned to remove at this pursuer's instance, and to suffer him to enter and possess, because his right was an assignation granted by a life-renter, who being deceased, there was an emergent exception competent to them, in respect of the Laird of Fowlis' heritable infeftment, which was convalesced by the death of the life-renter, and he being their master, they could not be decerned to remove. The Lords found, That the pursuer's action for removing from the ground was taken away by the decease of the lady life-renter, his cedent; but they decerned, That this assignee should also have good action against the persons warned for the violent profits from the lands, albeit from the time of the warning to the time of the cedent's decease, as if he had obtained decree of removing.
