Subject_1 POSSESSORY JUDGMENT. Subject_2 SECT. VI.
Against what Rights does it take place? - Runs not contra non valentes agere. - If competent against an Action of Warrandice? - Runs against Minors.
Somervil v. Aitken
Date: 21 December 1739 Case No. No 54.
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Where a defender called in an action of mails and duties before an Inferior Court is entitled to a possessory judgment, the inferior judge is judge-competent in that question; and therefore a pursuer of mails and duties, against whom a possessory judgment was pleaded, having advocated his own cause on pretence of the competition of heritable rights, “The cause was remitted.”
