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Scottish Court of Session Decisions >>
Thomas Crawfurd v his Tenants. [1670] 2 Brn 483 (2 July 1670)
URL: http://www.bailii.org/scot/cases/ScotCS/1670/Brn020483-0805.html Cite as:
[1670] 2 Brn 483
Subject_1 DECISIONS of the LORDS OF COUNCIL AND SESSION, reported by SIR JOHN LAUDER, LORD FOUNTAINHALL.
Thomas Crawfurd v. his Tenants
Date: 2 July 1670
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This was for mails and duties. Compeared one, who had comprised the same lands, and craved to be preferred, in respect he was in possession, in so far as he had obtained a decreet of removing against the tenant possessor thereof. The Lords found this decreet of removing a sufficient qualification of possession; and would not suffer Thomas Crawfurd to reply that he behoved to be preferred to this compriser, because he had an inhibition against the common debtor, anterior to the compriser's very ground of his debt; only reserved to him reduction on his inhibition as accords. But where he replied, The compriser was satisfied, either because he had intromitted, or might and should have intromitted, seeing he debarred others having right; the Lords found this relevant, and ordained them to count and reckon.
