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You are here: BAILII >> Databases >> Scottish Court of Session Decisions >> Reid and Glass v Cunningham of Enterkin. [1669] 1 Brn 593 (10 July 1669)
URL: http://www.bailii.org/scot/cases/ScotCS/1669/Brn010593-1501.html

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[1669] 1 Brn 593      

Subject_1 DECISIONS of the LORDS OF COUNCIL AND SESSION, reported by SIR PETER WEDDERBURN, LORD GOSFORD.

Reid and Glass
v.
Cunningham of Enterkin

Date: 10 July 1669

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In a double poinding against the tenants of some lands, belonging to the Earl of Loudon; Enterkin craving preference, as being infeft in an annualrent prior to the wadset granted to William Reid, and possession conform:—It was alleged for the wadsetter, That he ought to be preferred, because Enterkin had accepted of a factory from him, as having a valid right to the lands; and obliged himself to uplift the duties for his use, without any reservation of his annualrent.

The Lords did sustain the allegeance, and preferred the wadsetter; notwithstanding it was answered, that he, having a real infeftment and possession, needed not reserve the same.

Page 64.

The electronic version of the text was provided by the Scottish Council of Law Reporting     


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URL: http://www.bailii.org/scot/cases/ScotCS/1669/Brn010593-1501.html