BAILII is celebrating 24 years of free online access to the law! Would you
consider making a contribution?
No donation is too small. If every visitor before 31 December gives just £5, it
will have a significant impact on BAILII's ability to continue providing free
access to the law.
Thank you very much for your support!
You are here:BAILII >>
Databases >>
Scottish Court of Session Decisions >>
Thomas Aikman v Mary Littlejohn. [1686] 3 Brn 591 (23 March 1686)
URL: http://www.bailii.org/scot/cases/ScotCS/1686/Brn030591-0904.html Cite as:
[1686] 3 Brn 591
Subject_1 DECISIONS of the LORDS OF COUNCIL AND SESSION, reported by SIR JOHN LAUDER OF FOUNTAINHALL Subject_2 SUMMER SESSION.
Date: 23 March 1686
Thomas Aikman v. Mary Littlejohn
Click here to view a pdf copy of this documet : PDF Copy
Lord Carse reported the case of Mr Thomas Aikman against Mary Littlejohn: Mr Thomas pursues on a comprising for maills and duties. Alleged, —They have the benefit of a possessory judgment by virtue of an infeftment on a comprising; and so it must stand good till it be reduced.
Answered,—There was an old Act betwixt them in 1667, ordaining Littlejohn to count and reckon; which interrupted the bona fides.
Replied,—1mo, That count and reckoning was now sleeping these many years, and behoved to be wakened. 2do, They had attained the benefit of a new possessory judgment since that.
The Lords found no possessory judgment in this case, and sustained process. The words are:—Find no need of wakening or transferring the same, and therefore, conform to Lord Carse's decerniture, ordain the Act of count and reckoning to be extracted, and a diet to be appointed for that effect before the auditor in the said count and reckoning.
