Scottish Court of Session Decisions

Subject_1 DECISIONS of the LORDS OF COUNCIL AND SESSION, reported by SIR JOHN BAIRD OF NEWBYTH.

James Inglis and David Bruce
v.
The Lord Gray

Date: 19 July 1669

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In a poinding of the ground, pursued at the instance of James Inglis and David Bruce, against the Lord Gray and his tenants,—

It was alleged, There could be no poinding of the ground; because any right the pursuer had was only base given, to be holden of the granter; and that the Lord Gray ought to be preferred, in so far as he had a right standing in his person, and disponed to him by Alexander Milne, who stood publicly infeft, long before the pursuer had made this right public, or had clad the same with possession.

To which it was replied, That Alexander Milne's right was extinct, in so far as the same was satisfied by the umquhile Master of Gray, the common debtor, his money; and that the disposition granted to him being blank in the name, the Lord Gray's name was filled up therein. 2do. The pursuer's infeftment was clad with possession, by receiving the annualrent, before Alexander Milne his infeftment.

The Lords repelled the allegeance, in respect of the reply upon possession, as to David Bruce; and ordained the Lord Gray to condescend upon the right flowing from Alexander Milne.

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