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Scottish Court of Session Decisions


You are here: BAILII >> Databases >> Scottish Court of Session Decisions >> Abercrombie of Tulliebodie v Cumming. [1741] 1 Elchies 202 (9 June 1741)
URL: http://www.bailii.org/scot/cases/ScotCS/1741/Elchies010202-002.html
Cite as: [1741] 1 Elchies 202

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[1741] 1 Elchies 202      

Subject_1 IMPROBATION.

Abercrombie of Tulliebodie
v.
Cumming

1741, June 9.
Case No. No. 2.

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The question was, Whether a defender in an improbation who alleged he had possessed upon charter and sasine for the years of the positive prescription could be allowed to prove his possession before taking terms, and the production closed, since he produces instantly a pretty probable evidence of possession by tacks? and the Lords allowed the same term to prove 40 years possession that the defender takes to satisfy production.

The electronic version of the text was provided by the Scottish Council of Law Reporting     


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URL: http://www.bailii.org/scot/cases/ScotCS/1741/Elchies010202-002.html