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Subject_1 DECISIONS of the LORDS OF COUNCIL AND SESSION, reported by SIR ALEXANDER GIBSON, OF DURIE.
Date: The Laird of Lagg
v.
His Tenants
18 November 1624 Click here to view a pdf copy of this documet : PDF Copy
In a removing, at the instance of the L. Lagg against his Tenants,—the Lords found an exception proponed by one of the defenders upon an heritable infeftment, granted to him of the lands libelled, clad with 40 years possession continually without interruption, not sufficient to defend the excipient in that judgment of removing, except the defender alleged by whom he was infeft, and that his author had power to grant him that infeftment; and so the defender was forced to dispute upon the validity of his author's right in that Judgment Possessor, without any reduction.
Act. Cunninghame and Belshes. Alt. ——. Gibson, Clerk. Vid. 18th July 1626, La. Glengarnoch; 17th February 1627, Wilson; 19th November, betwixt thir parties.
Page 147.
The electronic version of the text was provided by the Scottish Council of Law Reporting