Scottish Court of Session Decisions

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.
1583.

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In an action of ejection, the pursuer's title being quarrelled as not competent to her after her husband's death; some of the Lords were of opinion, that the wife, having continued her possession after her husband's death certain years, she should have been orderly put therefrom, and not violently ejected, albeit she had no title; for, of the law, ejicitur is qui possidet, sive naturaliter sive civiliter possideat;—L. 1. ff. de Vi et Arm.;—et glossa interpretatur, sive juste sive injuste possideat. Others thought her in no better case than a liferenter; and it is manijesti juris et quotidians praxis that the fiar may put to his hand after the expiring of the liferent, without any warning. The Lords at last could not give her action without a title.

Page 91.