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Scottish Court of Session Decisions >>
Home v Home. [1612] Mor 9627 (16 June 1612)
URL: http://www.bailii.org/scot/cases/ScotCS/1612/Mor2309627-002.html Cite as:
[1612] Mor 9627
A fortalice requires express infeftment; but a manor-place requires no express infeftment.
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A party being infeft in lands may charge the possessor to deliver to him the manor-place, being built upon the said lands, albeit he be not infeft per expressum, if the house be built upon the land, and have that same denomination, and have been peaceably possessed by the pursuers's predecessors.—A fortalice requires express infeftment, but a manor-place requires no express infeftment; and yet the heritor may charge summarily for delivery of the manor-place after the liferenter's decease, without any warning.
