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You are here: BAILII >> Databases >> Scottish Court of Session Decisions >> Lord Marr v Joseph Brody's Son. [1685] 2 Brn 82 (18 March 1685)
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Subject_1 DECISIONS of the LORDS OF COUNCIL AND SESSION, reported by SIR ROGER HOG OF HARCARSE.
Date: Lord Marr
v.
Joseph Brody's Son
18 March 1685 Click here to view a pdf copy of this documet : PDF Copy
In a competition, it being alleged, That a poinding of the ground at Candlemas, upon Brody's infeftment the 21st of December preceding, for the annual-rent fallen due at Candlemas, did not clothe the infeftment with possession; because that made not a complete term's annual-rent. Answered, The ground may be poinded, after the term of payment, for any proportion of annual-rent fallen due before, though but a month or a week's annual-rent; and, consequently, the infeftment is thereby clothed with possession. The Lords sustained the reply for Brody, and preferred him to the other annual-renter, whose right was clothed with possession after that Candlemas.
Page 167, No. 602.
The electronic version of the text was provided by the Scottish Council of Law Reporting