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Subject_1 DECISIONS of the LORDS OF COUNCIL AND SESSION, reported by SIR GEORGE AUCHINLECK OF BALMANNO.
Date: Lord Yester
v.
Porteous
5 December 1630 Click here to view a pdf copy of this documet : PDF Copy
The Lord Yester, baron of the barony of Oliver Castle, pursues Porteous of Fruid for the nonentry of the lands of Fruid, as part and pertinent of the said barony. The defender alleges, That the pursuer not being infeft per expressum in the said lands of Fruid, should prove that the same are part and pertinent of the said barony. It is replied, That the defender cannot urge the pursuer to prove parts and pertinents, except he disclaim the said lands of Fruid to be holden of the Lord Yester. Which reply the Lords found relevant. But many of the Lords voted that the pursuer should prove his libel.
Page 140.
The electronic version of the text was provided by the Scottish Council of Law Reporting