Scottish Court of Session Decisions

Subject_1 DECISIONS of the LORDS OF COUNCIL AND SESSION, reported by SIR ALEXANDER GIBSON, OF DURIE.

The Sheriff of Tiviotdale
v.
The Laird of Gledstanes

Date: 12 February 1636

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The Sheriff of Tiviotdale pursuing Gledstanes to remove from the lands of Coliford-hill, as part and pertinent of the barony of Cavers; who alleging that he was apparent heir to his goodsire, who was seised in the said lands, and by virtue whereof they had been forty years in possession: And the pursuer replying, that the exception ought to be repelled, except he condescended by what warrant his goodsire was seised,—if by charter, precept, or otherwise; for a naked sasine, without a warrant, cannot give right against an heritor to possess lands; and it is ever required, that, in such cases, the party allege that he is infeft by one having a power, otherwise the exception is never admitted:—the Lords found the exception relevant in this Possessor Judgment, to defend the excipient from removing, in respect of the sasine standing, ay and while the same were reduced, as wanting a warrant; and found no necessity to allege any warrant here in this judgment.

Act. Craig. Alt. ——. Gibson, Clerk.

Page 794.