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Subject_1 DECISIONS of the LORDS OF COUNCIL AND SESSION, reported by SIR PETER WEDDERBURN, LORD GOSFORD.
Date: The Earl of Argile
v.
Macnaughton
8 January 1669 Click here to view a pdf copy of this documet : PDF Copy
In a removing, pursued at the Earl of Argile's instance against Macnaughton, upon the said right of forefaulture, and offering to prove quinquennial possession, immediately before the forefaulture, which, by the Act of Parliament 1584, is declared to be a sufficient title;—it being alleged for the defender, That he had a confirmation from the King; and offered to prove that he was in possession above five years immediately preceding the forefaulture;—the question being, who should be preferred to the probation:
The Lords, before answer, ordained the defender to produce his confirmation; but withal declared, that, it being produced, they would prefer the defender to the probation.
Page 28.
The electronic version of the text was provided by the Scottish Council of Law Reporting