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Scottish Court of Session Decisions >>
Adam Bad v James Ord and Others. [1627] Mor 13823 (21 June 1627)
URL: http://www.bailii.org/scot/cases/ScotCS/1627/Mor3213823-061.html Cite as:
[1627] Mor 13823
Warning, in what Cases necessary. - How to be executed.
Adam Bad v. James Ord and Others
Date: 21 June 1627 Case No. No 61.
A party being warned, who had a title of property in his person, afterward taken away by reduction, it was found, he must be warned anew.
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My Lord Balmerinoch having comprised the lands of Drumbreck, constituted Adam Bad cessioner and assignee thereto, who pursued a removing therefrom against Mr James Ord and others. Alleged, 1mo, No process till the comprising be produced. Answered, His sasine was sufficient to give him interest. The Lords found a sasine enough to give one interest in a removing.
Next alleged, Absolvitor, because the defenders were infeft in the lands libelled, long before the pursuer's warning, and by virtue thereof in possession. Replied, That ought to be repelled, because any infeftment they had, was reduced at the pursuer's instance. Duplied, His allegeance stands relevant notwithstanding, because the pursuer's reduction was long after the warning, and they were in bona fide to possess still, knowing the pursuer to have no right, and should possess yet until they be warned of new. Triplied, All this has some force to free the defenders from violent profits, but cannot hinder the removing, seeing the defender's infeftments are now taken away by reduction. The Lords found they behoved to be warned of new again.
Fol. Dic. v. 2. p. 338. Spottiswood, (Removing.) p. 281.
