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Scottish Court of Session Decisions |
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You are here: BAILII >> Databases >> Scottish Court of Session Decisions >> The Earl of Roxburgh v William Moor. [1665] 1 Brn 506 (7 January 1665) URL: http://www.bailii.org/scot/cases/ScotCS/1665/Brn010506-1334.html |
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Subject_1 DECISIONS of the LORDS OF COUNCIL AND SESSION, reported by SIR JOHN BAIRD OF NEWBYTH.
Date: The Earl of Roxburgh
v.
William Moor
7 January 1665 Click here to view a pdf copy of this documet : PDF Copy
In a removing, pursued by the Earl of Roxburgh against Mr William Moor, from some kirklands in Moorbottle,—
It was alleged for the defender, That he had a disposition of the several lands from the vicar, by virtue whereof he has bruiked and been in possession these forty years bygone; which must defend him in possessorio, and is equivalent as if he had a tack of the lands.
The Lords repelled the allegeance founded on the disposition, charter, and forty years' possession, in regard there was no seasine produced; and found the
disposition was not equivalent to a tack; nor sufficient to defend him against a third party, who was infeft, but only to pursue the granter for implement. Page 16.
The electronic version of the text was provided by the Scottish Council of Law Reporting
