Scottish Court of Session Decisions

Subject_1 NON-ENTRY.
Subject_2 SECT. V.

Conjunct fee excludes non-entry. - Non-entry excluded where the lands have been full thirty six-years.

Sibbald
v.
Oliphant

1589. June.
Case No. No 45.

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Sibbald of Rankeilour, as donatar and assignee to non-entries of a part of the lands of Kilmarour, pursued Oliphant the son of umquhile Barnard Oliphant, to hear and see the said lands to be in non-entries. It was excepted by the defender, offering him to prove, that the lands were feu continually by the space of 36 years immediately preceding the intenting of the action by the pursuer, and three sasines standing successive unreduced and quarrelled, and also a confirmation of our Sovereign Lord, of certain sasines past before. It was answered, That the exception could, in no manner of ways, be relevant, except he would allege the lands to have been feu, at least by the space of 40 years irtimediately preceding the first gift of non-entries, and the action that was first pursued by the first donatar. The Lords, notwithstanding of this allegeance, found the exception relevant for the space of 36 years.

Fol. Dic. v. 2. p. 7. Colvil, MS. p. 443.