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[1541] Mor 14723      

Subject_1 SPUILZIE.
Subject_2 SECT. I.

What understood to be a Spuilzie. - What Damages allowed.

Haliburton
v.
Ruthrford

Date: 9 March 1541
Case No. No. 1.

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Found, That it was a relevant exception against spuilzie, that the defender was in possession, and the pursuer having brevi manu entered thereto, the defender expelled him incontinenter.

Fol. Dic. v. 2. p. 389. Sinclair MS.

*** This case is No. 2. p. 13491. voce Reduction. The contrary was found, when the defender was expelled ex intervallo. See Douglas contra Boig, No. 3. infra.

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/1541/Mor3414723-001.html