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. November.

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One being pursued to flit and remove from a mill and dean lands: Alleged, That she was heritably infeft in the same by the pursuer's predecessor. Replied, That, since that infeftment and sasine following thereupon, she had taken tack and assedation of the same; and so, having acknowledged herself once to be tackswoman, she behoved to remove after the ish of the said tack. Duplied, That her heritable right and infeftment could not be prejudged by the tack, and that, in a removing, the exception of an heritable right and sasine before the warning, will ever stop the removing. Triplied, That, by the common law, Si quis, conductionis titulo agrum vel aliam quamcunque rem accepit, possessionem prius restituere debet, et turn de proprietate litigare. C. Locati. The Lords decerned her to flit and remove, without prejudice to her heritable right in judicio petitorio.

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