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Scottish Court of Session Decisions >>
Earl of Lothian v Vassals of Jedburgh. [1634] Mor 14087 (11 July 1634)
URL: http://www.bailii.org/scot/cases/ScotCS/1634/Mor3214087-001.html Cite as:
[1634] Mor 14087
A right in security is an exclusive right to the subject, but not to the rents or annualrents.
Earl of Lothian v. Vassals of Jedburgh
Date: 11 July 1634 Case No. No 1.
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The Earl of Lothian pursued the Vassals of Jedburgh, for payment to him of their teind-duties diverse years preceding. Alleged, They had made payment thereof to Sir John Ker, to whom they were in use of payment. Replied, They were in mala fide to make payment to Sir John, because he was denuded before, of the right thereof, by a comprising, and a public infeftment holden of the King following upon the comprising. Duplied, That put not the defenders in mala fide, except the pursuer would allege some diligence done after the comprising and infeftment, without which the defenders were still in bona fide to continue their payment to Sir John. Triplied, The public infeftment was enough without other diligence, which none can (at least ought to) be ignorant of. The Lords found the allegeance relevant, and forced the pursuer to reply, that he had served inhibition after his infeftment, which took away the exception.
