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You are here: BAILII >> Databases >> Scottish Court of Session Decisions >> M'Adam v Earl of Galloway. [1766] Mor 10654 (17 January 1766)
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Cite as: [1766] Mor 10654
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[1766] Mor 10654
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.
Date: M'Adam
v.
Earl of Galloway
17 January 1766
Case No.No 55.
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In an action of mails and duties at the instance of an adjudger, a third party appearing and producing a sasine in the lands, contended, that he had the benefit of a possessory judgment, in virtue of his possession, for more than half a century on that title. Answered, A sasine without its warrant, cannot avail in a competition of real rights. But the Lords sustained the defence, and assoilzied from the process of mails and duties, reserving to the pursuer to insist in a reduction of the defender's rights.
*** This case is No 95. p. 2755.; voce Competent.
The electronic version of the text was provided by the Scottish Council of Law Reporting