[1573] Mor 3605
Subject_1 EJECTION.
Date: Robert Wishart
v.
The Laird of Arbuthnot
2 March 1573
Case No.No 1.
Found, that the pursuer of an ejection must libel possession with some title, otherwise the libel is not relevant.
Click here to view a pdf copy of this documet : PDF Copy
In actioun of ejectioun, the persewar aucht and sould libel possessioun with sum titil to the landis out of the quhilk he is ejectit, for the libel is not relevant, gif it contene na sufficient, titil, sic as takisman, mailler, or sum uther sufficient richt.
*** Colville reports the same case: The persewar of ejection libelling bairely occupyar, without ane title, naither saying mailler nor takisman, nor yet that he occupyit the lands libellit be verteu of ane title at any time immediately preceding, libels not sufficientlie to call for ejection, and thairfore absolvitor sould be given frae the libel.
The electronic version of the text was provided by the Scottish Council of Law Reporting