Subject_1 DECISIONS of the LORDS OF COUNCIL AND SESSION, reported by SIR JOHN LAUDER OF FOUNTAINHALL Subject_2 SUMMER SESSION.
Date: 23 March 1686
Thomas Aikman v. Mary Littlejohn
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Lord Carse reported the case of Mr Thomas Aikman against Mary Littlejohn: Mr Thomas pursues on a comprising for maills and duties. Alleged, —They have the benefit of a possessory judgment by virtue of an infeftment on a comprising; and so it must stand good till it be reduced.
Answered,—There was an old Act betwixt them in 1667, ordaining Littlejohn to count and reckon; which interrupted the bona fides.
Replied,—1mo, That count and reckoning was now sleeping these many years, and behoved to be wakened. 2do, They had attained the benefit of a new possessory judgment since that.
The Lords found no possessory judgment in this case, and sustained process. The words are:—Find no need of wakening or transferring the same, and therefore, conform to Lord Carse's decerniture, ordain the Act of count and reckoning to be extracted, and a diet to be appointed for that effect before the auditor in the said count and reckoning.
