Scottish Court of Session Decisions

Subject_1 DECISIONS of the LORDS OF COUNCIL AND SESSION, reported by ROBERT MACGILL, LORD FOORD.

Janet and Katherine Ramsay
v.
Elisabeth Wilkie

Date: 12 July 1649

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There being infeftment of 80 merks, granted in anno 1624, by umquhile John Ramsay, trumpeter, out of four tenements in the Canongate, to umquhile Mr James Wilkie, in liferent, and Christian Wilkie, redeemable by payment of 1000 merks; sentence for poinding the ground was recovered in anno 1630; the which is suspended by the tenants, because they are tenants to Janet and Katharine Ramsays, daughters to the said John, who had right from umquhile Robert Ramsay, their uncle, who was infeft in an annualrent of 160 merks in anno 1623: upon the byruns whereof, they having comprised the whole tenements, and the legall being expired, the said Elisabeth Wilkie her poinding the ground, upon a posterior infeftment, must be excluded. Likeas, the said heritors compear with the tenants, and allege eighteen years possession, which is more nor enough in judicio possessorio. To the which it was answered by the charger, That the infeftment given to Robert Ramsay a year before, and his translation to the granter's daughters, together with the comprising following thereupon, cannot be more respected than a base infeftment given to a man and his children, which is null by the Act of Parliament. Likeas the charger offers him to prove, that the tenements are possessed by the mother by virtue of a liferent infeftment, who consented to the infeftment given to the charger. The which the Lords sustained.

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