Subject_1 DECISIONS of the LORDS OF COUNCIL AND SESSION, reported by SIR JOHN LAUDER OF FOUNTAINHALL
Subject_2 SUMMER SESSION.
Date: Boog
v.
John Muir, Stabler
30 July 1679 Click here to view a pdf copy of this documet : PDF Copy
In the competition between Boog, and John Muir a stabler, in a removing; Newton refused to sustain seven years' possession, as sufficient to prefer in a removing against an infeftment which was prior in date; but he confessed that seven years' possession was sufficient in an action for maills and duties, (which is a possessory judgment,) against an infeftment prior in date; only found the
naked priority of the right sufficient to give preference in judicio de migrando. See Hope's Minor Pract. tit. Of Removings; and 9th June 1677, Guthries. This is doubted, as non bene judicatum. Vide infra, at the end of February 1680, No. 42, p. 97.
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