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Scottish Court of Session Decisions
You are here: BAILII >> Databases >> Scottish Court of Session Decisions >> Cant v Herries. [1681] Mor 7177 (18 January 1681)
URL: http://www.bailii.org/scot/cases/ScotCS/1681/Mor1707177-005.html
Cite as: [1681] Mor 7177

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[1681] Mor 7177      
Subject_1 INTRUSION.

Cant
 v.
Herries

 Date: 18 January 1681
Case No. No 5.

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Catharine Cant being infeft in a tenement of land in the Stewarty of Kirkcudbright obtained decreet before the Stewart against Herries, for intrusion and violent profits; which being suspended, the suspender alleged, That the charger not having been in natural possession, had no interest to obtain a decreet of intrusion.—It was answered, That though the natural possessor can only claim juramentum in litem, in violent profits, yet the master of the ground may pursue intrusion for dispossessing the intruder, and for the ordinary profits.

Which the Lords sustained.

 Fol. Dic. v. 1. p. 482. Stair, v. 2. p. 835.

The electronic version of the text was provided by the Scottish Council of Law Reporting     

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URL: http://www.bailii.org/scot/cases/ScotCS/1681/Mor1707177-005.html