Conviction in a criminal court held to be proof of violent intrusion in an action ad civilem effectum.
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In the Vicar of Kinghorn's cause against the Laird of Seafield, the Lords found, by interlocutor, that the act of adjournal, where the Laird took him to his compositors for all crimes, the whilk Laird then protested for all his defence, as an instrument before the Lords shew, and albeit the said Laird was indicted for violent occupation of a part of the said Vicar's glebe, and holden waste on the other part, for the space of six years, and took then to his compositor upon the said crime sub illa protestatione; the said Lords decerned the act of adjournal sufficient proof of the deed and quantity, and so admitted the said Vicar to prove the said violent and waste-holding by the said space, and would not admit the said Laird to prove, that by the said space the said Vicar, by himself and his servants, occupied all the said kirkland and glebe, because that exception was direct contrary to the summons of the other party, and so the practice ought not to be admitted.
