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.

Lord Yester
v.
James Tweedie of Drummelzear

Date: 2 December 1630

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In a declarator of non-entry, pursued by the Lord Yester against James Tweedie of Drummelzear, it was alleged for the defender, that the pursuer could not allege the lands libelled to be in non-entry, because he had comprised the same himself from the defender's father, since whose decease he craved the non-entry; and so the lands being full in his own person, who had comprised them, could not be declared to have been in non-entry ever since the death of him from whom he had comprised them. The Lords repelled the allegeance, and found the pursuer might very well seek the lands to be declared in non-entry, although he stood infeft in them by virtue of his comprising; for, if the comprising were not good, he might clothe himself with the other right.

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