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 Balveny
v.
Innes

Date: 20 February 1628

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The Laird of Balveny, having a nineteen years' tack of certain lands, wherein he was fifteen years in possession, by the said tack, set to him by the Earl of Murray; after so long possession, the Earl of Murray intromits with the duties of the lands himself, by the space of five years; and thereafter disponed the heritable right of the said lands to one called Innes, who, by virtue of his infeftment, becomes in possession, and bruiks the lands other five years. The Laird of Balveny pursues the tenants of the lands for their maills and duties, by virtue of his tack. Compears the said Innes, heretor, and alleges, That, in hoc judicio possessorio, he ought to be preferred, being infeft, and, by virtue thereof, in possession by the space of five years; likeas his author, the Earl of Murray, was other five years in possession immediately before; which ten years' possession ought to defend him and his tenants in hoe judicio. The Lords found the exception relevant.

2d MS. Page 188.