Scottish Court of Session Decisions

Subject_1 DECISIONS of the LORDS OF COUNCIL AND SESSION, reported by SIR GEORGE AUCHINLECK OF BALMANNO.
Subject_2 The following CASE, and those in the preceding pages, marked as taken from 2d MS. are not found in the MS. followed by Mr Morison, while printing in his Dictionary the Cases from Auchinleck referred to in the Folio Dictionary by Lord Kames.

The Laird of Clackmannan
v.
The Laird of Bonymoon, and Findowrie

Date: 16 November 1627

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The Laird of Clackmannan, being infeft in an annualrent of £600, furth of the barony of Bonymoon, or any part thereof, in October 1624, to be holden of the Laird of Bonymoon, and his heirs, which infeftment is confirmed by the king in anno 1625; he receives payment of a term's annualrent after his infeftment, and raises summons, in March 1627, against the Laird of Bonymoon and the tenants, to hear and see letters directed for poinding of the ground. Compears Findowrie, alleging him to be infeft in one of the roums in January 1625, and, by virtue of his infeftment, had apprehended possession, by the space of year and day, before Clackmannan's citation: in respect whereof, and by reason of the Act of Parliament, King James V, Parl. 7, cap. 105, he ought to be preferred, notwithstanding that Clackmannan's right was prior, and confirmed. The Lords found Findowrie's exception relevant, in respect of his infeftment clad with a year's possession.

2d MS. Page 188.