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You are here: BAILII >> Databases >> Scottish Court of Session Decisions >> The Earl of Annandale v The Earl of Nithsdale's Tenants. [1633] 1 Brn 343 (20 July 1633) URL: http://www.bailii.org/scot/cases/ScotCS/1633/Brn010343-0912.html |
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Subject_1 DECISIONS of the LORDS OF COUNCIL AND SESSION, reported by SIR GEORGE AUCHINLECK OF BALMANNO.
Date: The Earl of Annandale
v.
The Earl of Nithsdale's Tenants
20 July 1633 Click here to view a pdf copy of this documet : PDF Copy
The Earl of Annandale, being infeft in an annualrent of £3000 by the Earl of Nithsdale, to be uplifted furth of sundry his lands, arrests the duties of the lands of Glendovan in the tenants' hands, and pursues them to make the arrested goods forthcoming. It is alleged for the tenants, That they cannot bo subject to make arrested maills forthcoming to the pursuer: Because, his infeftment being only of an annualrent, and not of the property of the lands, cannot furnish to him personal execution against the tenants: but allenarly real execution for poinding of the ground, or personal, against the granter of the infeftment; but noways against a third person, who was not obliged, and against whom no sentence for poinding of the ground was obtained, nor no other sentence, whereby the defenders may be compelled, personali actione, to make payment. The Lords repelled the allegeance, and sustained the summons.
Page 174.
The electronic version of the text was provided by the Scottish Council of Law Reporting
