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Scottish Court of Session Decisions
You are here: BAILII >> Databases >> Scottish Court of Session Decisions >> Ker of Mersington v Ker of Shaw. [1583] 1 Brn 121 (00 February 1583)
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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.
Ker of Mersington
v.
Ker of Shaw
1583 .February .Click here to view a pdf copy of this documet : PDF Copy
Ker of Mersington having obtained a decreet of non-entry of the lands of Dalcosie, with the tower and fortalice thereof, pursued Ker of Shaw for delivery of the house to him upon six days' warning. Excepted, That the pursuer had no action for delivery of the house by that order; but it behoved him to make warning, or apprise the lands, and obtain sasine first, and then seek the delivery of the house. Replied, That he, being donatar to the gift of non-entry, and having obtained decreet thereupon, had as good right to pursue by virtue thereof, as if he had obtained the gift of a ward. The order was found good, and that the house should be delivered without any warning, by the chancellor's vote.
Page 218.
The electronic version of the text was provided by the Scottish Council of Law Reporting