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Scottish Court of Session Decisions |
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You are here: BAILII >> Databases >> Scottish Court of Session Decisions >> James Foultoune v Jean Lyell and Robert Hog. [1649] 1 Brn 412 (10 July 1649) URL: http://www.bailii.org/scot/cases/ScotCS/1649/Brn010412-1098.html |
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Subject_1 DECISIONS of the LORDS OF COUNCIL AND SESSION, reported by ROBERT MACGILL, LORD FOORD.
Date: James Foultoune
v.
Jean Lyell and Robert Hog
10 July 1649 Click here to view a pdf copy of this documet : PDF Copy
In the suspension of double poinding by James Foultoune against Jean Lyell and Robert Hog, who had obtained decreet against him for his maill, the apparent heir, Noble, would have compeared, Because the charger kept up his predecessor's writs, and so hindered him to be served. Likewise, Arthur, who had comprised the lands from him, would have had up the maill, but it was of years preceding his comprising. Lastly, The suspender alleged the charger had no right thereto, but had come in possession by virtue of some liferenter, who was dead. Yet, in burghs, it is common, that, in actions of removing, and for maills and duties, it is sufficient to reply, or libel, that I set you that land, and you took it off me, and have paid me maill and duty; and you cannot object that I have no right, nec potes meam possessionem invertere, tu, qui es meus inquilinus, et ædes a me conduxisti.
Page 50.
The electronic version of the text was provided by the Scottish Council of Law Reporting
