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Subject_1 DECISIONS of the LORDS OF COUNCIL AND SESSION, reported by SIR ALEXANDER GIBSON, OF DURIE.
Date: Dalmahoy and Frank
v.
Horsburgh
11 March 1628 Click here to view a pdf copy of this documet : PDF Copy
In an action, Dalmahoy, and Frank her spouse, against Horsburgh, for the mails and duties of a tenement of land, wherein the pursuer was infeft as heir to her brother; and the defender alleging, that he was retoured heir to his predecessor, who was infeft in the same lands, and that the defender, by virtue of his infeftment passed upon a retour, had been five years in possession of the same;—the Lords repelled the allegeance, in respect that the pursuer was infeft as heir to her brother, and that he was infeft in the same land, before the excipient's author's right, and, by virtue thereof, that he was in continual possession ten years together of the same, to the time of his decease, who died in anno 1623; and that all the years since then, whereof the defender had acquired only possession, were now controverted in this process, and could not make the excipient to be counted a lawful possessor. Which reply was found relevant in this possessory judgment.
Page 358.
The electronic version of the text was provided by the Scottish Council of Law Reporting