[1542] Mor 14987
Subject_1 SUMMARY DILIGENCE.
Cunningham
v.
Cunningham
1542 .December .
Case No.No. 1.
Summary diligence competent for obtaining possession of the mansion-house of an estate. See No. 8.
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The Lords decerned in a cause of Cunningham contra alium Cunningham, that albeit one of them had by gift of ward the lands and fortalice of ——, and the ward being out-run, the other got assedation of the said lands and tower of the heritor; and that the other being included within terms, that albeit he could not be removed from the lands until the next term, nevertheless that he ought and should leave the house and fortalice, and deliver it incontinent to the other; because the practice of the realm is, that houses and fortalices should be delivered to them that have right thereto, upon six days warning, without any delay or expectation of another term.
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