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Scottish Court of Session Decisions |
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You are here: BAILII >> Databases >> Scottish Court of Session Decisions >> James Thomson and Andrew Peter v Morgan. [1694] 4 Brn 130 (24 January 1694) URL: http://www.bailii.org/scot/cases/ScotCS/1694/Brn040130-0297.html |
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Subject_1 DECISIONS of the LORDS OF COUNCIL AND SESSION, reported by SIR JOHN LAUDER OF FOUNTAINHALL.
Date: James Thomson and Andrew Peter
v.
Morgan
24 January 1694 Click here to view a pdf copy of this documet : PDF Copy
The Lords found the warrandice of his tack not incurred; seeing any debarment
they met with was only via facti, by driving away their goods off the ground, and hindering them, manu forti, to possess; and that warrandice only signified against legal and warrantable deeds; and if they had no right to debar you, then you might have pursued them for a riot, and got yourself repossessed by order of law.
The electronic version of the text was provided by the Scottish Council of Law Reporting