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.

A B.
v.
Turner

Date: 17 June 1629

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One Turner is pursued to remove from a roum, whereof he had tack set to him by one called Dumbar, at the instance of A. ?., who had obtained another tack from the said Dumbar, the entry whereof was at the issue of the said Turner's tack. It was alleged by Turner, That he bruiked as having right from a liferenter, who was not called. It was replied, That he could not clothe himself with another right, to introvert the possession of him that set a tack to him, by virtue whereof he had bruiked the lands till his tack was expired; but must now give over the possession which he had received from the setter to the pursuer, who now was become in place of the setter, by virtue of a new tack set to him. The Lords repelled the exception in respect of the reply.

2 d MS. Page 190.