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Janet Montgomery v John Hamilton. [1548] Mor 14731 (22 March 1548)
URL: http://www.bailii.org/scot/cases/ScotCS/1548/Mor3414731-015.html Cite as:
[1548] Mor 14731
What Title requisite to found an Action of Spulzie.
Janet Montgomery v. John Hamilton
Date: 22 March 1548 Case No. No. 15.
Found in conformity to Ogilvie contra Restalrig, No. 14. p 14630.
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In actions of spuilzie and ejection, the pursuer ought and should libel possession, and violent ejection, and prove them both sufficiently; and it is not requisite that he libel any title: But if he libels a title with his possession, it is not necessary to prove the same, but ought and should show the same, quia tenetur ostendere, sed non probare.
