Scottish Court of Session Decisions

Subject_1 REMOVING.
Subject_2 SECT. I.

Who entitled to pursue a Removing.

Constable of Dundee
v.
Tenants

Date: 21 February 1628
Case No. No 15.

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The Constable of Dundee is obliged, by his bond, to infeft one Forrester in certain lands. Forrester makes Doctor Blair assignee to the bond, and he obtains possession of the land. The Constable pursues the tenants for removing. Doctor Blair compears, and excepts upon his author's rights, viz. the bond whereunto he was made assignee. The Lords decerned the tenants to remove, notwithstanding of the bond which would have served to defend Forrester, and not his assignee, who was but a singular successor, in respect the said bond was no real right; but the Lords suspended the execution of the decreet of removing for a certain space, that Doctor Blair in the mean time,. might pursue the Constable for giving to him infeftment conform, and that the Constable might be paid of his feu-duties since the date of the bond.

Auchinleck, MS. p. 199.