Subject_1 DECISIONS of the LORDS OF COUNCIL AND SESSION, reported by SIR JOHN LAUDER, LORD FOUNTAINHALL.
Lyon of Muresk v. -
Date: 13 July 1670
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In this cause it was resumed, how oft the Lords have found, that possessio in mobilibus non solum præsumit sed et dat titulum; for this was a pursuit at the pursuer's instance, as executor confirmed to ———, against the defender, as he who had intromitted with the moveable goods pertaining to the defunct.
The defence was,—That he could never be pursued for these goods, because he had acquired them titulo et jure emptionis from ———, who possessed the said moveables by the space of thirty years, before the intenting of any action therefore: and it was alleged, that if any creditor to the defunct had poinded them, the defunct's executor could never have repeated the same. Item, if my goods be grazing by the space of two or three years with another man, and be poinded upon the ground for that other's debt, there will be no rei vindicatio sustained against the poinder, but the owner has his recourse against him to whom he gave them in grazing; and so it was inferred, that possession would give them the same benefit here. answered,—That no possession can satisfy for giving a right to moveables, unless they possess them by the space of forty years, and so prescribe the same. This went to interlocutor.
Then alleged,—2do, No process for the moveable heirship, and for the doors, windows, irongate, and sundry other things fixed in the house, and so pars soli et ædificii, and noways moveable nor confirmable, though they have foolishly confirmed the same.
The pursuer restricts his summons to such goods as are truly moveable.
Act. Thoires and Cunyghame.Alt. Birnie and Wallace.
Advocates' MS. No. 71, folio 81.
