Found in conformity to Dunmuir against Payweel, No 264. p. 11068.
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Alexander Maxwell, as assignee to Katharine Glendinning, pursuing umquhile Gordon of Earlstoun, in the year 1626, for intromitting with certain sheep pertaining to the cedent, the intromission being in anno 1604, and the pursuit not intented till 1626, as said is, and the defender being dead, the action is transferred in his son and heir, and the profit of the goods was also craved since his father's intromission. In which action (being a wrongous intromission, and wherein no spuilzie was craved, nor could be, not being pursued debito tempore within three years), the Lords found. That no profits could be granted, and that the pursuer in wrongous intromission had no action therefor; but declared that they would consider of the parties' interest at the advising of the procees, after probation deduced and renounced.
Act. Cunningham.Alt. Nicolson, Mowat, & Gilmore.Clerk, Scot.
Fol. Dic. v. 2. p. 118. Durie, p. 601.
