Scottish Court of Session Decisions

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

Patone
v.
Liske

Date: 8 January 1650

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[See page 452.]

In the foresaid action betwixt Patone and Liske, where they were ordained to condescend on their possession,—the possession alleged by Liske immediately after his father's decease, by obtaining decreet against the tenants, and setting of tacks to them by the space of six or seven years, was not respected: because Patone offered him to prove, that the father paid him his annualrent, of the knowledge of the said Mr Alexander his son, who knew of the infeftment, and was in mala fide not to have called him to the obtaining of these decreets; especially seeing the said Mr Alexander his infeftment is null by the 105th Act of King James V his Parliament, in the year 1540, whereby it is expressly ordained, That, whosoever puts their bairns, friends, or other persons, in private state of their lands, and thereafter dispones their lands to another, ex titulo one-roso, who gets peaceable possession year and day,—the foresaid person, privately seased, cannot be heard to oppose the true creditor foresaid; which is in this case.

Page 141.