Scottish Court of Session Decisions

Subject_1 MUTUAL CONTRACT.
Subject_2 SECT. VII.

Possession must be restored at the termination of the Right.

George Taylor
v.
James Knitter

Date: 15 June 1666
Case No. No 74.

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George Taylor having apprised some land in Perth, set a tack of a part of it to James Kniter, who thereafter apprised the same. Taylor now pursues a removing against Kniter, who alleged absolvitor, because he had apprised the tenement within year and day of the pursuer, and so had conjunct right with him. It was answered, That he could not invert his master's possession, having taken tack from him. The defender answered, It was no inversion, seeing the pursuer, by act of Parliament, had right to a part, but not to the whole; and the defender did not take assignation to any new debt, but to an old debt, due to his father.

The Lords sustained the defence, he offering the expenses of the composition and apprising, to the first appriser, conform to the act of Parliament.

Fol. Dic. v. 1. p. 599. Stair, v. 1. p. 377.