Scottish Court of Session Decisions

Subject_1 DECISIONS of the LORDS OF COUNCIL AND SESSION reported by SIR ROBERT SPOTISWOODE OF PENTLAND.
Subject_2 Such of the following Decision as are of a Date prior to about the year 1620, must have been taken by Spotiswoode from some of the more early Reporters. The Cases which immediately follow have no Date affixed to them by Spotiswoode.

Janet Gordon
v.
Gilbert Mackquhairn

Date: 22 January 1633

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A Proposition not unfit to be motioned in Parliament.

To provide for freeing of buyers of lands from the hazard of infeftments of annual-rents given out of the same lands, by the fewers thereof, to be holden base of themselves, which may be easily concealed from the buyers, and cannot readily come to their knowledge, not being public; but, after that the buyer hath been in possession, perhaps twenty or thirty years, the persons having but infeftments of annual-rents out of these lands, may seek to have the lands poinded for the bygones; and, lest they should be challenged for want of possession, they may allege they have been in possession of uplifting of the annual-rents from the sellers of the land, but not from their tenants of the ground; by which means the singular successor might have come to the knowledge thereof. This was represented in the poinding of the ground, for an annual-rent of twenty pounds, for twenty years bygone, pursued by Janet Gordon against Gilbert Mackquhairn.

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