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Scottish Court of Session Decisions >>
Hunter v Aitken. [1757] Mor 3448 (6 July 1757)
URL: http://www.bailii.org/scot/cases/ScotCS/1757/Mor0803448-023.html Cite as:
[1757] Mor 3448
A person punished for a riot, though in recovering a continued possession.
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Aitken had, for some years, possessed a seat in the church of Aberdour. Hunter, apprehending he had a preferable right to that seat, sent a peremptory message to Aitken, that he would next Sunday take possession of it; and accordingly took his place a little before Aitken came to church. Aitken arriving, desired him to come out; and, upon his refusal, gave him names, and seized him by the collar. At this time public worship was begun by singing psalms, and the congregation was disturbed. Hunter, after some struggle, left the seat, but brought an action against Aitken for the riot.
‘The Lords imposed a fine of L. 2 Sterling upon Aitken for the riot, payable to the poor of the parish; but, in respect Hunter had endeavoured by his own authority to invert a continued possession, they found no expenses due.’
Act. Wedderburn, Wa. Stewart.Alt. And. Pringle.Clerk, Home.
Fol. Dic. v. 3. p. 178. Fac. Col. No 37. p. 61.
