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Dundas v Hog. [1543] Mor 14731 (6 March 1543)
URL: http://www.bailii.org/scot/cases/ScotCS/1543/Mor3414731-014.html Cite as:
[1543] Mor 14731
What Title requisite to found an Action of Spulzie.
Dundas v. Hog
Date: 6 March 1543 Case No. No. 14.
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The Lords decerned Nicol Dundas' precept of spuilzie against Helen Hog relevant, so far as it bore the said Nicol in possession of the mill and mill lands of ——— at the time of the alleged spuilzie, although the man's quantity of the possession was not specified in the precept and libel.
Fol. Dic. v. 2. p. 389. Sinclair MS. p. 57.*** Balfour reports this case:
In actions of spuilzie, the pursuer ought and should libel, that he was in possession of the lands or goods spuilzied the time of the spuilzie; and it is sufficient to libel the same in possession in general, suppose he specify not in his libel the manner and quantity of his possession.
