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Troup v Lord Herries. [1625] Mor 13271 (12 July 1625)
URL: http://www.bailii.org/scot/cases/ScotCS/1625/Mor3113271-039.html Cite as:
[1625] Mor 13271
Subject_1 QUOD AB INITIO VITIOSUM. Subject_2 SECT. IV.
Making up Titles ex post facto.
Troup v. Lord Herries
Date: 12 July 1625 Case No. No 39.
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In an action betwixt Troup, one of the Musicians of the Chapel Royal, and the Lord Herries, the Lords found, that an inhibition, raised upon a simple gift of the defender's liferent escheat, albeit there was neither sentence nor summons raised upon that gift, the time of the raising of the inhibition, and albeit that the inhibition was only raised upon the said naked gift, and not upon any sentence or dependence, yet that the same was a sufficient inhibition, and raised upon a sufficient ground, viz. the gift foresaid; and sustained an action of spuilzie of teinds, pursued thereupon, against the intromitters with the teinds of the rebel, he being tacksman thereof; and, consequently, the right of his tack pertained to the pursuer, as donatar to his liferent, seeing, after the inhibition, he had obtained a declarator and sentence against the rebel.
Act. Nicolson.Alt. Belshes.Clerk, Scot.
Fol. Dic. v. 2. p. 306. Durie, p. 177.
