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You are here: BAILII >> Databases >> Scottish Court of Session Decisions >> The Laird of Fyvie v The Laird of Pitsligo. [1543] 1 Brn 114 (00 January 1543)
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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.
The Laird of Fyvie
v.
The Laird of Pitsligo
1543 .Click here to view a pdf copy of this documet : PDF Copy
In a declarator of non-entry, pursued by the Laird of Fyvie, the summons concluded that the lands should be decerned to have been in non-entry for the space of eleven years, and the Laird of Pitsligo condemned to restore and pay the mails thereof during the said space, because he had intromitted with them all that time. Alleged by Pitsligo, That it was against all practique that he should be called for the mails and duties bygone of these lands; but first, in such cases, the ground ought to be poinded, and the same not being streinyieable, then the lands to be apprised for the mails. The Lords, nevertheless, sustained that part of the summons.
Page 219.
The electronic version of the text was provided by the Scottish Council of Law Reporting