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Scottish Court of Session Decisions >>
George Stewart of Auldham v Sir Alexander Achinmuty's Relict [1670] 2 Brn 481 (1 July 1670)
URL: http://www.bailii.org/scot/cases/ScotCS/1670/Brn020481-0802.html
Subject_1 DECISIONS of the LORDS OF COUNCIL AND SESSION, reported by SIR JOHN LAUDER, LORD FOUNTAINHALL.
George Stewart of Auldham v. Sir Alexander Achinmuty's Relict
Date: 1 July 1670
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This was a pursuit for the mails and duties of some lands whereof he had assignation from the deceased Sir Alexander Achinmuty. Compeared the said Sir Alexander's relict, and alleged,—She was infeft in the same lands, though posterior to his assignation, yet, as a singular successor, behoved to be preferred to him.
The Lords preferred her, because of her infeftment: neither would they sustain his allegeance of ten years possession of the lands, to produce him the benefit of a possessory judgment against her.
Act. Ipse et Lockhart.Alt. Dunmuire and Sinclair.
Advocates' MS. No. 52, folio 78.
