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Scottish Court of Session Decisions >>
Sir William Bruce of Kinross v Lord Brughtie, &c. [1695] 4 Brn 262 (9 February 1695)
URL: http://www.bailii.org/scot/cases/ScotCS/1695/Brn040262-0587.html
Subject_1 DECISIONS of the LORDS OF COUNCIL AND SESSION, reported by SIR JOHN LAUDER OF FOUNTAINHALL.
Sir William Bruce of Kinross v. Lord Brughtie, &c
Date: 9 February 1695
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In the spuilyie of teinds, pursued by Sir William Bruce of Kinross against Lord Brughtie, &c. it fell to be debated, If possession of teinds, or an infeftment, might claim the benefit of a possessory judgment, as well as an infeftment of property, seeing the tenth part is possessed the same way with the other nine. Some thought it was but like a servitude, and infeftment of annualrent, which cannot claim the privilege. But the generality thought it had the right of a possessory judgment.
