Scottish Court of Session Decisions

Subject_1 REMOVING.
Subject_2 SECT. II.

Who must be called.

Captain Annand
v.
Tenants

Date: 26 January 1628
Case No. No 42.

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In a removing by Captain Annand against his Tenants, the defenders alleging that they were Tenants to their master, who was infeft in the lands libelled before the pursuer's sasine produced, and by virtue thereof, who had been sundry years in possession; the Lords sustained this exception, the same being proponed for Tenants, and found no necessity that the defenders being Tenants should be compelled, either to allege that their said master was infeft by one having power, or that he was ten years in possession of the lands, but sustained the same, without alleging any further.

Act. Dunlop. Alt. Mowat. Clerk, Hay. Durie, p. 333.