Scottish Court of Session Decisions

Subject_1 DECISIONS of the LORDS OF COUNCIL AND SESSION, reported by SIR ALEXANDER GIBSON, OF DURIE.

Thomson
v.
Kilgour

Date: 24 January 1628

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In a double poinding, betwixt Thomson and Kilgour,—the Lords decerned Kilgour to be answered of the mails of a tenement, and preferred him to Thomson; seeing Kilgour was infeft in the property of the land, by a public infeftment, four days before the sasine of an annual-rent, given by that same author of Kilgour's right, to Thomson also; albeit Thomson's right depended upon a procuratory of resignation made in his favours by the common author, for infeftment to be given to him of that annual-rent, divers years before the heritable right made to Kilgour; to the which date of the said preceding procuratory, he alleged that his sasine should be drawn back, and that he should be preferred to the other; especially seeing, since the said procuratory, he had uplifted the mails of the said tenement, for satisfying of his said annual-rent, divers years, which ought to corroborate his right in this Possessor Judgment; seeing also that his sasine, depending upon that procuratory, was but four days after Kilgour's sasine. Notwithstanding whereof, Kilgour was preferred.

Act. Dunlop. Alt. ——. Gibson, Clerk.

Page 331.