Scottish Court of Session Decisions

Subject_1 DECISIONS of the LORDS OF COUNCIL AND SESSION. Collected By James Burnett, Lord Monboddo.
Subject_2 MONBODDO.

Dun
v.
Lord Galloway

Date: 17 January 1766

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[Fac. Coll. No. IV. p. 247.]

Dun made up titles to his grandfather's estate by an adjudication upon his ownbond, and insisted in a process of maills and duties against the tenants. Lord Galloway appeared, and produced an infeftment in the lands, proceeding upon a disposition from Dun's grandfather, but did not produce the adjudication (disposition) which was the warrant of the sasine. The sasine, however, with the possession, was found to give him the benefit of a possessory judgment. Then Dun insisted in a process of reduction. Lord Galloway objected to this title. Lord Pitfour said that there were two things necessary; first, That the propinquity should be proved, which was not necessary in this case, as it was acknowledged; 2do, That it should be shown that the lands belonged to the predecessor. In this last the pursuer's title was lame, nor was it sufficient for him to lay hold of the defender's title, and allege that it proved his grandfather was proprietor ; for, in the first place, It proves no such thing, because Lord Galloway might have taken a disposition and infeftment from him although he had no right at all to the lands; and 2do, A pursuer must produce some deed or writing of his own in order to found his title upon, and not lay hold upon any deed in favour of the defender, or any acknowledgment or admission of his; and therefore Dun must produce some deed in favour of his grandfather, showing that he was proprietor of the lands, and not insist upon the deed produced for the defender, which only shows that the defender got a right to these lands from the granter, not that he had any right himself. And this was the unanimous opinion of the Court.