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You are here: BAILII >> Databases >> Scottish Court of Session Decisions >> John Ker v The Tenants of Longnewton. [1628] 1 Brn 376 (11 July 1628) URL: http://www.bailii.org/scot/cases/ScotCS/1628/Brn010376-1006.html |
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Subject_1 DECISIONS of the LORDS OF COUNCIL AND SESSION, reported by SIR GEORGE AUCHINLECK OF BALMANNO.
Subject_2 The following CASE, and those in the preceding pages, marked as taken from 2d MS. are not found in the MS. followed by Mr Morison, while printing in his Dictionary the Cases from Auchinleck referred to in the Folio Dictionary by Lord Kames.
Date: John Ker
v.
The Tenants of Longnewton
11 July 1628 Click here to view a pdf copy of this documet : PDF Copy
In the concourse of two base infeftments, whereof one, dated in anno 1613, is granted to ———, who set a back-tack to the disponer; the other set, in anno 1621, to another person, who apprehends real possession, by uplifting of the maills and duties from the tenants: He that had the first right pursues removing against the tenants, upon warning made anno 1628. The havèr of the last infeftment excepts upon his infeftment, clad with five years possession, alleging his right could not be taken away but by reduction. The Lords preferred the first infeftment and possession by a back-tack, and decerned removing.
2d MS. Page 189.
The electronic version of the text was provided by the Scottish Council of Law Reporting
