Scottish Court of Session Decisions

Subject_1 POSSESSORY JUDGMENT.
Subject_2 SECT. V.

In what Subjects Possessory Judgment takes place.

Earl of Galloway
v.
Tailfer

Date: 15 March 1627
Case No. No 27.

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In a removing pursued by the Earl of Galloway against Tailfer; excepted That he had a rental for him and his heirs of the same lands. Replied He offered him to prove that another was rentalled therein before him, who had transferred his right in the pursuer's person. Duplied, That ought to be repelled, in respect of his rental, by virtue whereof he had been in possession for twenty or thirty years. The Lords sustained the exception upon a rental cloathed with possession, as if it had been an infeftment.

Fol. Dic. v. 1. 90. Spottiswood, (Removing.) p. 280.