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You are here: BAILII >> Databases >> Scottish Court of Session Decisions >> John Thomson v Robert Ross. [1673] 2 Brn 171 (7 November 1673)
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Cite as: [1673] 2 Brn 171
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[1673] 2 Brn 171
Subject_1 DECISIONS of the LORDS OF COUNCIL AND SESSION, reported by SIR JAMES DALRYMPLE OF STAIR.
Date: John Thomson
v.
Robert Ross
7 November 1673 Click here to view a pdf copy of this documet : PDF Copy
John Thomson being infeft, by Provost Mains, in an annualrent of £24 out of certain lands of his, pursues poinding of the ground. Compears Mr Robert Ross, and produceth a public infeftment of property of the same land from Provost Mains; and craved preference, because the infeftment of annualrent was base. The annualrenter replied upon possession, by the heritors' payment of the annualrent before the public infeftment; and, for proving thereof, adduced certain witnesses, who proved certain bolls of victual were delivered by Provost Mains
to Thomson, for payment of the annualrent, prior to the public infeftment. Which was found sufficient, though thereby the public infeftment was excluded. Vol. II, Page 229.
The electronic version of the text was provided by the Scottish Council of Law Reporting