This case was about the effect of two deeds granted by the late James Christie. In the first deed, James granted all of his property to his daughter Jean, his son-in-law Robert Thomson, and their children. Immediately after the deed was granted, Robert Thomson obtained infeftment on the property. In the second deed, James granted a parcel of the property to his daughter Janet, her husband John Morice, and their children. When James died, Janet took possession of the parcel, and the Thomsons took possession of James’s remaining property. However, twelve years later, the Thomson children sued Janet and her children to enforce the first deed. They sought past-due rent, compensation for James’s household furniture, and Janet’s removal from the parcel. Janet argued that the first deed was not meant to take effect until James’s death, and that it reserved to James the power to grant the second deed.

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Repository & Extent