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You are here: BAILII >> Databases >> Scottish Court of Session Decisions >> Rhind v May. [1543] Mor 14745 (23 February 1543) URL: http://www.bailii.org/scot/cases/ScotCS/1543/Mor3414745-041.html |
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Subject_1 SPUILZIE.
Subject_2 SECT. VI. Colourable Title of Intromission.
Date: Rhind
v.
May
23 February 1543
Case No.No. 41.
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Andrew Rhind got a gift of the common clerkship of St. Johnston, and was in possession of the office by virtue thereof, and thereafter Mr. Duncan May got the King's request to the Provost, Bailies, and Commonty of the said town, to give the said office to him as vacant by the decease of him by whose decease the said Andrew had gotten it, and at the said request they made a new gift to the said Mr. Duncan, and he by virtue thereof possessed the said office seven years or thereby: Then the said Andrew called the said Mr. Duncan for spuilzieing him of the said office. He excepted, that in the uptaking of the said office, he did no wrong nor spuilzie, because he was entered thereto by virtue of his gift, and the Provost's and Bailies' authority. The Lords, notwithstanding, decerned him in spuilzie, because he entered into the said Andrew's office, and put him forth thereof without order of law, he never being called nor orderly destitute of the said office.
The electronic version of the text was provided by the Scottish Council of Law Reporting