The Laird of Merchiston v. The Goodman of Wrights-Houses
Date: 21 January 1548 Case No. No. 1.
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In an action of spuilzie of teinds between the Laird of Merchiston and the Goodman of Wrights-houses, it was alleged, That the pursuer could not pursue for the whole teinds, because his libel bore, that he was only in possesion of a part of them. The Lords found, quod possessio partis rei inducat possessionem totius, ut de spolio totius possit agi; nam quemadmodum per apprehensionem unius partis fundi, apprehendi censetur totum; so, by apprehending of possession of a part of these teinds, the pursuer censebatur fuisse in possessione totarum decimarum.
