Scottish Court of Session Decisions

Subject_1 NON-ENTRY.
Subject_2 SECT. V.

Conjunct fee excludes non-entry. - Non-entry excluded where the lands have been full thirty six-years.

Earl of Crawford
v.
Balmuby

Date: 4 March 1593
Case No. No 46.

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In the action of non-entry pursued by the Earl of Crawford against the Laird of Balmuby, the Lords found, that an exception, that filling of lands by the space of 36 years, elides the said pursuit;—and the Lords decerned that they would observe that as a practice in all actions of non-entries;. and that it is sufficient to allege, that the lands have been full by the space of 36 years immediately preceding the time of litiscontestation in the said pursuit of non-entries.

Fol. Dic. v. 2. p. 7. Haddington, MS. No 384.