BAILII is celebrating 24 years of free online access to the law! Would you
consider making a contribution?
No donation is too small. If every visitor before 31 December gives just £1, it
will have a significant impact on BAILII's ability to continue providing free
access to the law.
Thank you very much for your support!
You are here:BAILII >>
Databases >>
Scottish Court of Session Decisions >>
Wilson v Thomson. [1662] Mor 1289 (26 June 1662)
URL: http://www.bailii.org/scot/cases/ScotCS/1662/Mor0301289-014.html Cite as:
[1662] Mor 1289
Publication by Process of Mails and Duties, and Poinding of the Ground.
Wilson v. Thomson
Date: 26 June 1662 Case No. No 14.
Base infeftment found validated from the date of citation for poinding the ground.
Click here to view a pdf copy of this documet : PDF Copy
Wilson having obtained decreet against Thomson, for poinding of the ground of a tenement of land, Thomson suspends on this reason, that the charger's infeftment is base, and before it was clad with possession, the suspender was publicly infeft, and thereby excluded the base infeftment though prior. The charger answered, That the reason ought to be repelled; because he had used citation upon the base infeftment, before the public infeftment, by which citation, res fuit litigiosa.
The Lords repelled the reason, in respect of the answer, and found the base infeftment validate by the citation, whereupon the decreet followed.
