Scottish Court of Session Decisions

Subject_1 DECISIONS of the LORDS OF COUNCIL AND SESSION. Collected By JAMES BURNETT, LORD MONOBODDO.
Subject_2 COMPLAINT FROM STIRLINGSHIRE.

Lord Aberdeen
v.
-

Date: 4 July 1759

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A person having right to the lands A., but not to the teinds, wadsets both lands and teinds, and, upon his disposition, the wadsetter is infeft in both, and upon that title possesses 40 years. The question was, Whether the reverser, by the possession of the wadsetter, had acquired a right to the teinds by prescription, in competition with any third party? And the Lords found, That, in respect he had no sasine in his own person, he had no title of prescription; and although the wadsetter, by his infeftment, and possession consequent upon it, had acquired right to the teinds, in security or under reversion, yet the reverser had acquired no right of irredeemable property, because he had no title of that kind in his person. Dissent. Preside and Auchinleck.