Publication by Process of Mails and Duties, and Poinding of the Ground.
Wilson v. Thomson
Date: 26 June 1662 Case No. No 14.
Base infeftment found validated from the date of citation for poinding the ground.
Click here to view a pdf copy of this documet : PDF Copy
Wilson having obtained decreet against Thomson, for poinding of the ground of a tenement of land, Thomson suspends on this reason, that the charger's infeftment is base, and before it was clad with possession, the suspender was publicly infeft, and thereby excluded the base infeftment though prior. The charger answered, That the reason ought to be repelled; because he had used citation upon the base infeftment, before the public infeftment, by which citation, res fuit litigiosa.
The Lords repelled the reason, in respect of the answer, and found the base infeftment validate by the citation, whereupon the decreet followed.
