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Scottish Court of Session Decisions >>
Gordon of Troquhen v Canon of Barnshalloch. [1682] 3 Brn 431 (24 March 1682)
URL: http://www.bailii.org/scot/cases/ScotCS/1682/Brn030431-0635.html
Subject_1 DECISIONS of the LORDS OF COUNCIL AND SESSION, reported by SIR JOHN LAUDER OF FOUNTAINHALL Subject_2 SUMMER SESSION.
Date: 24 March 1682
Gordon of Troquhen v. Canon of Barnshalloch
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See the prior part of this case, Dictionary, page 4722.
The Lords, having heard Halton report the debate, find it is jus terlii to Barnshalloch, the defender, to propone upon the minute entered into by the pursuer with the rebel; and find the defender has not the benefit of a possessory judgment; but grant joint probation to both parties, for proving the rental of the lands possessed by them hitherto pro indiviso, as conjunct donatars to M'Lennan of Burscobe's forfeiture; Troquhen for three parts, and Barnshalloch for the fourth; to the effect it may appear whether or not the lands the defender possesses be the just fourth part of the whole lands.
