Subject_1 DECISIONS of the LORDS OF COUNCIL AND SESSION, reported by SIR JOHN LAUDER OF FOUNTAINHALL Subject_2 SUMMER SESSION.
Bruce of Bordy v. Keirie, and Callander
Date: 21 July 1677
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Bruce of Bordy pursues one Keirie, chamberlain to the Earl of Mar, and one Callander, for a spulyie and ejection: Alleging, that they entered to the land privata authoritate, and not via juris; et non est singulis concedendum quod per prcetorcm seu magistratum expediri debeat, L. 176, D. de Regulis Juris.
Answered, Bordy sold them the seed, et omnia sua instramenta rustica agriculture: quorsum hoc et cui bono, if it was not an allowance to possess the land, which he could not do himself, being then in prison? and this being presumptio juris, must be sufficient to liberate them, since causa quævis, etiam fatua, is good enough to purge a spuilyie, &c.—Infra, No. 642, [Historical volume, Young against Hope 3d October, 1677.]
