Scottish Court of Session Decisions

This is an action of reduction, improbation, and declarator of non-entry in regard to certain lands and tenements in and around St Andrews, at the instance of the principal and professors of the United College v. William Blyth, founder in St Andrews, and others. The alleged title to these subjects is a charter by John Hepburn, prior of St Andrews, in 1512 which conveys various subjects specifically described, and amongst the rest, “Terras, tenementa, et annuos redditus infra scriptos, infra civitatem Sancti Andreae et glebam monasterii ejusdem—videlicit, totas et integras terras et tenementa de vinella vulgariter dicta Priouris Wynd, alias Burne Wynd, et infra vinellum ipsam et portam monasterii exteriorem.” It is within this specific description that the subjects described in the summons are alleged by the pursuer to fall. The pursuers chiefly rely upon the fact that in 1571 the College of St Leonard granted a feu-charter in these subjects in favour of Thomas Lentroun—in whose right one of the defenders is now said to stand—for payment of a feu-duty of 10s. Scots, which has been paid ever since. The Lord Ordinary (Kinloch) found that the pursuers had produced no title to the subjects in question; and to-day the Court, dealing with the case as a mere question of fact, adhered, on the ground that even assuming the pursuer's title to be adequate and habile to carry the subjects, they had not explained it by the proof of possession which they had led, so as to show that their title comprehended them.