Scottish Court of Session Decisions

Subject_1 DECISIONS of the LORDS OF COUNCIL AND SESSION reported by SIR ROBERT SPOTISWOODE OF PENTLAND.
Subject_2 Such of the following Decision as are of a Date prior to about the year 1620, must have been taken by Spotiswoode from some of the more early Reporters. The Cases which immediately follow have no Date affixed to them by Spotiswoode.

The Laird of Balveny
v.
Innes, &c

Date: 20 February 1628

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The Laird of Balveny, as tacksman of some lands of Spey-side, convened the tenants for payment of the mails and duties for five years' space that was to run of his tack. Alleged for one Innes, that the mails could not be paid to the pursuer, because he was infeft in the said lands by the Earl of Murray, and by virtue thereof in possession since the year 1622: likeas the Earl of Murray his author was in possession of the same lands five years before his infeftment immediately, by uptaking of the mails and duties, inputting and outputting of tenants, &c. Replied, That the Earl of Murray having set the same lands in tack to the pursuer for nineteen years, by virtue whereof he was in possession by the space of fourteen years, he could not invert his possession by any posterior deed done by him in favours of any other person. The Lords sustained the exception.

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