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Scottish Court of Session Decisions >>
Lord Cranston v Turnbull. [1678] 3 Brn 254 (25 July 1678)
URL: http://www.bailii.org/scot/cases/ScotCS/1678/Brn030254-0316.html
Subject_1 DECISIONS of the LORDS OF COUNCIL AND SESSION, reported by SIR JOHN LAUDER OF FOUNTAINHALL Subject_2 SUMMER SESSION.
Lord Cranston v. Turnbull
Date: 25 July 1678
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In the action between Lord Cranston and one Turnbull, it was Alleged, there were two sorts of forfeitures; one via facti, (as the Earl of Dumbar used to do,) another via juris. Two sorts of acquisitions; one by forged accusations against men obnoxious, used frequently in the borders of Scotland; another by sale, and other lawful purchases, in the in-country. And that there were two kinds of treason; one juris communis, in principem, vel perniciem reipublicæ; another juris statutorii, as theft in landed men, a fictitious and umbratile kind of treason, and, to speak strictly, no treason at all.
