Scottish Court of Session Decisions

Subject_1 POSSESSORY JUDGMENT.
Subject_2 SECT. V.

In what Subjects Possessory Judgment takes place.

Grant of Arndilly
v.
Law of Newton

Date: 19 February 1695
Case No. No 40.

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Rankieler reported Grant of Arndilly contra Law of Newton. The Lords found, 1mo, That an infeftment in multures, with seven years possession, gave not the benefit of a possessory judgment, being only a servitude, like an infeftment of annualrent; 2do, That forty years possession was not sufficient, without some legal compulsitor, unless it were in molendino regio. But here they fixed on the contract that had passed betwixt the parties' predecessors in 1619, and decerned conform to the quantities therein contained.

Fol. Dic. v. 2. p. 91. Fountainhall, v. 1. p. 671.