Scottish Court of Session Decisions

Subject_1 DECISIONS of the LORDS OF COUNCIL AND SESSION, reported by ROBERT MACGILL, LORD FOORD.

James Foultoune
v.
Jean Lyell and Robert Hog

Date: 10 July 1649

Click here to view a pdf copy of this documet : PDF Copy

In the suspension of double poinding by James Foultoune against Jean Lyell and Robert Hog, who had obtained decreet against him for his maill, the apparent heir, Noble, would have compeared, Because the charger kept up his predecessor's writs, and so hindered him to be served. Likewise, Arthur, who had comprised the lands from him, would have had up the maill, but it was of years preceding his comprising. Lastly, The suspender alleged the charger had no right thereto, but had come in possession by virtue of some liferenter, who was dead. Yet, in burghs, it is common, that, in actions of removing, and for maills and duties, it is sufficient to reply, or libel, that I set you that land, and you took it off me, and have paid me maill and duty; and you cannot object that I have no right, nec potes meam possessionem invertere, tu, qui es meus inquilinus, et ædes a me conduxisti.

Page 50.