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You are here: BAILII >> Databases >> Scottish Court of Session Decisions >> Minister of Logie v The Heritors. [1686] Mor 7957 (#date December 1686) URL: http://www.bailii.org/scot/cases/ScotCS/1686/Mor1907957-033.html Cite as: [1686] Mor 7957 |
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[1686] Mor 7957
Subject_1 KIRK PATRIMONY.
Subject_2 SECT. I. Nature of this species of Property.
Minister of Logie
v.
The Heritors
1686 .December .
Case No.No 33.
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The designation of a minister's glebe being quarrelled as half an acre more than the four allowed by law;
Alleged for the minister; That he and his predecessors had been thirteen years in possession.
Answered; Decennalis et triennalis possessio non relevat in petitorio; 2do, This presumptive title cedit veritati; for the true title being the designation of
a glebe, which, according to law, should consist of four acres; if upon measuring half an acre more appear to have been designed, the designation is null. The Lords, before answer, ordained the land to be measured.
The electronic version of the text was provided by the Scottish Council of Law Reporting