Scottish Court of Session Decisions

Subject_1 BASE INFEFTMENT.
Subject_2 SECT. III.

Publication by Process of Mails and Duties, and Poinding of the Ground.

Hamilton
v.
Seton of Gairletoun

Date: 24 January 1679
Case No. No 16.

Found in conformity with No 14. p. 1289.

Click here to view a pdf copy of this documet : PDF Copy

In a competition betwixt these parties, both being infeft in annualrents out of some tenements in Prestoun, Archibald Hamilton craved preference, because he was first infeft. It was answered for Gairletoun, That Archibald's infeftment was base, not clad with possession, until his infeftment was public by confirmation. It was replied, That before Gairletoun's infeftment was public, Hamilton had raised summons of poinding of the ground, and cited and insisted thereon, which hath ever been sustained as sufficient to validate a base infeftment, where there is no suspicion of simulation, but a security for a true debt.

The Lords sustained the reply, and preferred Hamilton.

Fol. Dic. v. 1. p. 88. Stair, v. 2. p. 679.