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Subject_1 DECISIONS of the LORDS OF COUNCIL AND SESSION, reported by SIR JOHN LAUDER, LORD FOUNTAINHALL.
Cranston v. Somervell
Date: 1 January 1670
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A decreet of removing being obtained by Thomas Cranston against Wilkieson, and being suspended on obedience, there was compearance made by one who was infeft long before, and whose right had been preferred in an action of maills and duties; and so contended, that as he was preferred in the maills and duties, so he had good interest to allege, in this suspension, why he ought not to suffer that tenant to remove, to the effect Cranston might get possession of the land, both being in acquirenda possessione.
The Lords found, notwithstanding of the diligence used by Cranston, who had used an order of warning against this tenant, and that the other had neglected it, yet that he ought to be admitted to debate upon his right with Cranston, so far as might be done in a possessory judgment. And because the seasine produced by Somervell, the other party, did not meet; therefore they preferred Cranston to the possession.
