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Scottish Court of Session Decisions >>
Hog v Laird of Wachtoune. [1586] Mor 2203 (00 January 1586)
URL: http://www.bailii.org/scot/cases/ScotCS/1586/Mor0602203-052.html Cite as:
[1586] Mor 2203
Found that a person to whom a reversion is given, need not warn the present possessor, but him only who granted the reversion, or his heirs.
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There was one called Hog, that pursued the Laird of Wachtoune to hear and see ane yeird of land lawfully redeemed, the same being analzied and wadset by this Hog to the Laird's forbear. It was answerit that the pursuer ought to have wairnt another person called Mr Patrick Hepburn, to whom the lands were disponed in second alienation be the Laird's predecessors, and this Hepburn was in possession of the same, and so he that was possessor of the ground, ought precisely to have been wairnt. Answerit, According to the act of Parliament, Ja. III. cap. 27. that lands that are given under reversion and sold to another person, that the first seller should have recourse to the same lands sold be him under reversion, to whatever hands the said lands come, as against the first buyer; sua the defender would have inferrit, that be reason of this act, the second buyer and possessor of the land behoovit to have been wairnt. It was answerit, That the meaning of the act was otherways, that there needed no other to be wairnt but the first buyer, and who gave the reversion, et non potest ille conditionem primæ alienationis deteriorem facere. The Lords repellit the exception, and fand be interlocutor, that he to whom the reversion was given, needed not to wairn any other, but such as gave the reversion, and to whom the first alienation was made.
