What Title requisite to found an Action of Spulzie.
L of Merchiston v. Napier of Wrightshouses
Date: 21 January 1549 Case No. No. 16.
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One being in possession of any part of teinds, by virtue of any right or title which he has to the whole, may call and pursue for spuilzie of the whole; because possession of one part in this case induces possession of the whole.
Fol. Dic. v. 2. p. 389. Balfuor, 472.*** Sinclair reports this case:
Dominus Merchiston et Jacobus Carmichael contra Dominum de Wrightshouses, It was alleged, that the actor might not pursue the spuilzie of the hail lands let, because his summons bore that he was in possession of a part of the same, by putting thereof upon his sleds, and so that he had no possession of the whole. The Lords, by their interlocutor, decerned, That by the apprehension of a part of the lands “actores erant in possessione totarum decemarum et de spoliatione totarum potest agere, quemadmodum per apprehensionem unius partis fundi apprehendi censetur possessio totius fundi quantum cunque magni.”
