BAILII is celebrating 24 years of free online access to the law! Would you
consider making a contribution?
No donation is too small. If every visitor before 31 December gives just £1, it
will have a significant impact on BAILII's ability to continue providing free
access to the law.
Thank you very much for your support!
You are here:BAILII >>
Databases >>
Scottish Court of Session Decisions >>
Lord Jedburgh v Tenants. [1631] Mor 13795 (9 March 1631)
URL: http://www.bailii.org/scot/cases/ScotCS/1631/Mor3213795-025.html
Click here to view a pdf copy of this documet : PDF Copy
The Lord Jedburgh disponed some lands to some men by contract and charter, containing a procuratory of resignation; but before they were infeft, he dispones the same lands by contract of marriage between his son Sir Andrew Ker and the Lady Yester, to the Lady in liferent, whereupon she was infeft. After her husband's decease, she sought these men to be removed. They defended themselves by their infeftment, clothed with so many years possession, and their disposition before her right, all which could not be taken away summarily in such a judgment. The Lords repelled this allegeance, in respect of her infeftment intervening between their charter and their sasine: As to that, that it was an infeftment standing unreduced, clothed with twenty years possession at least, the Lords repelled it not, for they are not in use to put a liferenter to a reduction.
