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In a removing pursued by Walter Hay against Lady Borthwick, the Lords found a sasine alleged upon for the defender, being anterior to the pursuer's sasine and comprising, whereon it proceeded, the same being clad with a year's possession, to be sufficient to exclude this pursuit of removing; albeit it was replied, that the pursuer's right was clad with real possession of the lands controverted, by the space of six or seven years; and albeit the defender's sasine was before the pursuer's right, and that the defender was a year in possession; yet seeing that possession was vitious, the defender having intruded herself therein, and it not being apprehended by any legal manner, it could not be a ground, although her right was first, at her own hand, to put the pursuer out of his possession, which he had lawfully apprehended by sentence upon his right; but she ought to have pursued upon her right, by some ordinary lawful pursuit, and not so summarily to take possession at her own hand, without lawful warrant; which reply was not sustained.
Act. Hope, Stuart & Lermonth.Alt. Nicolson & Aiton.Clerk, Scot.
Durie, p. 266.
