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You are here: BAILII >> Databases >> Scottish Court of Session Decisions >> Johnstons v Steel of Bowerhouses. [1736] 2 Elchies 424 (24 February 1736) URL: http://www.bailii.org/scot/cases/ScotCS/1736/Elchies020424-003.html |
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Subject_1 PASSIVE TITLE.
Date: Johnstons
v.
Steel of Bowerhouses
24 February 1736
Case No.No. 3.
Click here to view a pdf copy of this documet : PDF Copy
Passive Title of passing by on the act 1695, though a tacksman's possession is the heritor's possession, yet it is (in the construction of the act) the possession of the apparent-heir, and therefore a reverser's possession of wadset lands by a back-tack is not the possession of the wadsetter's apparent-heir; but his uplifting the back-tack duties is possession. 2do, Neither is the possession of the liferentrix the relict of the last heritor the possession of the apparent-heir; no, nor even the possession of the relict of the apparent-heir who attained possession upon his personal obligement. 3tio, A minor possessing will bind the next heir passing by him, because a minor might have entered, therefore minority makes no difference, 18th December 1733, 23d January 1734, 24th Febiuary 1736, (See Dict. No. 140, p. 9809)
*** The same found 26th June 1745, Boyle against M'Aul.
The electronic version of the text was provided by the Scottish Council of Law Reporting
