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Small v Tenants of Balderston. [1610] Mor 13266 (26 July 1610)
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Subject_1 QUOD AB INITIO VITIOSUM. Subject_2 SECT. IV.
Making up Titles ex post facto.
Small v. Tenants of Balderston
Date: 26 July 1610 Case No. No 31.
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In an action of removing, pursued by John Small against the tenants of the lands of Balderston, which he had comprised, the Lords sustained the warning, notwithstanding it was made before he was infeft, and that because the comprising was laid before the warning, and he was infeft thereupon, before the feast of Whitsunday, at the which the warning was used.
Fol. Dic. v 2. p. 306. Kerse, MS. fol. 238.*** Haddington reports this case:
He who has comprised, making warning before he be seised, his warning will be sustained if he be seised before Whitsunday, and the sasine will be drawn back to the comprising in favour of the warner.
