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Scottish Court of Session Decisions >>
Wlliam Barron v Thomas Duncan. [1753] Mor 15177 (6 March 1753)
URL: http://www.bailii.org/scot/cases/ScotCS/1753/Mor3515177-025.html Cite as:
[1753] Mor 15177
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Barron granted a subset of cersain lands to Duncan, for five years. The agreement was executed by mutual missive letters betwixt them, which were written by a third party; and Duncan entered into the possession of the lands, and possessed the same for one year.
Barron obtained a decreet of removing against him before the Sheriff; upon which he was ejected.
In a reduction of this decreet, Barron acknowledged his subscription to the letter; but pleaded, that such missive letter, not being holograph, is not a proper writing for constituting a tack for a number of years.
Answered: Whatever might be the case in a question with singular successors, this plea cannot be good to the defender, who acknowledges the contract, and his subscription to the writing, especially after it has taken effect by possession.
“The Lords sustained the reasons of reduction, and ordained the pursuer to be repossessed.”
Act. J. Burnet.Alt. And. Pringle.Clerk, Kilpatrick.
Fac. Coll. No. 72. p. 111.
*** See Lord Kames’s report of this case, voce Writ.
