Subject_1 DECISIONS of the LORDS OF COUNCIL AND SESSION, reported by SIR JOHN LAUDER OF FOUNTAINHALL.
Mackmichan v. Adair
Date: 29 December 1692
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Mackmichan contra Adair. The Lords remitted the cause, with this instruction that the pursuer should prove quomodo desiit possidere, whether by stealing, straying, or the like; that it may appear it was not by a sale, donation, or the like titles transmitting dominion; and farther proving that the horse was in the defender's possession the time of the citation, or that he dolo desiit possidere before. For if they had transmitted him before the citation, then the ret vindicatio ceased, he being no more possessor.
