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Scottish Court of Session Decisions >>
Janet Maxwell, Lady Cowhill, and her Husband, for his Interest, v John Sharp of Hoddam. [1714] Mor 14344 (27 January 1714)
URL: http://www.bailii.org/scot/cases/ScotCS/1714/Mor3314344-010.html Cite as:
[1714] Mor 14344
Janet Maxwell, Lady Cowhill, and her Husband, for his Interest, v. John Sharp of Hoddam
Date: 27 January 1714 Case No. No. 10.
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In the count and reckoning, at the instance of the Laird and Lady Cowhill, for the rents of the Lady's estate during the time that John M'Naught, writer in Dumfries, was factor, against Sharp of Hoddam, cautioner for M'Naught, the Lords found, that creditors upon the estate, who, at the commencement of the factory, were in possession thereof by proper wadsets or tacks, are presumed to have continued in the possession during the time of the factory; but that such creditors as had improper wadsets, or only infeftments of annual rent, with an assignation to mails and duties in gremio till they were paid, having possessed the lands, or uplifted the rents before the factory, are not presumed to have continued to possess, but their intromissions with the rents behoved to be proved in order to exonerate the defender from counting for the same.
