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.

Ker
v.
The Tenants of Smeaton Spittell, and John Boswell of Pittedie

Date: 26 July 1628

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Ker, having comprised the lands of Smeaton Spittell from the Laird of Coldingknowes, pursues the tenants for removing. Compears John Boswell of Pittedie, for his interest; and alleges, That he is heritably infeft in the said lands, and in possession, by uplifting of twenty shillings, more or less, from the tenant. It is answered, That the alleged possession is but simulate, in so far as the lands are worth five hundred merks by year, and the collusion thereby is manifest betwixt Pittedie and the tenant. The Lords repelled the exception, in respect of the evidences of simulation and collusion.

2d MS. Page 189.