Scottish Court of Session Decisions

Subject_1 POSSESSORY JUDGMENT.
Subject_2 SECT. V.

In what Subjects Possessory Judgment takes place.

Mr James Peter
v.
John Mitchelson

Date: 25 November 1665
Case No. No 35.

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

Mr James Peter minister of Terregh, pursues Mitchelson for a part of his stipend, due out of the defender's lands; who alleged no process, till the pursuer produced a title to the defender's teinds, seeing he broke them by a tack.

It was replied, he offered him to prove seven years possession, as a part of the stipend of Tertegh;

Which the Lords sustained without any title of possession.

Fol. Dic. v. 2. 90. Stair, v. 1. p. 314.