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Scottish Court of Session Decisions >>
Lord Montgomery v Blair and Carselands. [1693] 4 Brn 110 (26 December 1693)
URL: http://www.bailii.org/scot/cases/ScotCS/1693/Brn040110-0255.html
Subject_1 DECISIONS of the LORDS OF COUNCIL AND SESSION, reported by SIR JOHN LAUDER OF FOUNTAINHALL.
Lord Montgomery v. Blair and Carselands
Date: 26 December 1693
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The objection was against the pursuer's active title, that the warrant for the seasine was not produced; for the charter given out did not bear the precept engrossed; being before the Act of Parliament 1672, requiring they should be inserted in the charter.
The Lords found it sufficient against thir defenders, who produced no right to the lands; but if they did, it then would be time for them to crave the precept, as the warrant of the seasine to be produced.
Then they alleged, It was not his own, but his grandfather's seasine: but it seems the jus apparentiœ is good enough against them, unless they have a right.
