A person in possession by a voluntary deed cannot invert this possession, in prejudice of the Granter. The same holds with regard to legal Disponees.
Earl of Annandale v. Sir William Scott
Date: 15 January 1624 Case No. No 63.
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One having a wadset of another, may not acquire another right in his prejudice, but if he redeem, he must renounce the same lands.
Sicklike in a comprising, in the action between the Earl of Annandale and Sir William Scott of Harden, the defender Sir William, to shun the restitution of the superplus of the duties of some lands intromitted with by him, by virtue of a comprising, alleging he could not be obliged to make count and reckoning for such and such years, because at that time he had acquired the heritable right of these lands, and so did not possess them by virtue of his comprising;—the Lords found that he having once entered to these lands by virtue of his comprising, could cloath himself with no other supervenient title, nor be heard to say that he bruiked them alio nomine during the time of redemption, unless he could shew a necessity for him so to have done by reason of the former rights and securities.
Fol. Dic. v. 1. p. 599. Spottiswood, (Dominium.) p. 83.
*** Durie's report of this case is No 2. p. 294. voce Adjudication.
