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Cite as: [1665] Mor 10640

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[1665] Mor 10640      
Subject_1 POSSESSORY JUDGMENT.
Subject_2 SECT. V.

In what Subjects Possessory Judgment takes place.

Mr James Peter
 v.
John Mitchelson

Date: 25 November 1665
Case No. No 35.

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Mr James Peter minister of Terregh, pursues Mitchelson for a part of his stipend, due out of the defender's lands; who alleged no process, till the pursuer produced a title to the defender's teinds, seeing he broke them by a tack.

It was replied, he offered him to prove seven years possession, as a part of the stipend of Tertegh;

Which the Lords sustained without any title of possession.

 Fol. Dic. v. 2. 90. Stair, v. 1. p. 314.

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/1665/Mor2510640-035.html