Scottish Court of Session Decisions

Subject_1 DECISIONS of the LORDS OF COUNCIL AND SESSION reported by SIR ROBERT SPOTISWOODE OF PENTLAND.
Subject_2 Such of the following Decision as are of a Date prior to about the year 1620, must have been taken by Spotiswoode from some of the more early Reporters. The Cases which immediately follow have no Date affixed to them by Spotiswoode.

Nicol Forman of Hutton
v.
George Ker of Samuelston

Date: 31 May 1469

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In those days all actions of spoliation, intrusion, and others of that nature, were precognosced by an inquest of twelve men, best knowing the land, whose declaration being presented to the judges thereafter, they used to determine, as they did in the action betwixt Nicol Forman of Hutton against George Ker of Samuelston, anent the occupation of certain lands which the said Nicol alleged to belong to him in property. The parties, of their own consent, named twelve gentlemen there present, to inform and give counsel to the Lords in the said matter; who being sworn, &c. and removed, returning, gave their deliverance this way:—“We decree and deliver, after our knowledge and understanding, that in no time bygone we heard ever that the Laird of Samuelston had possession of the said lands into mannor, pasture, &c. or possessed before the last year; and that Nicol and his predecessors have ever been in peaceable possession of these lands while the last year,” &c. After which deliverance the Lords decerned Samuelston to desist therefrom in time coming.

Page 360.