Scottish Court of Session Decisions

Subject_1 DECISIONS of the LORDS OF COUNCIL AND SESSION, reported by ALEXANDER TAIT, CLERK OF SESSION, one of the reporters for the faculty.

The Earl of Dunmore
v.
Middleton

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The superior is, ex facie of his titles, absolute proprietor of the lands contained in them; and, if he possesses the actual right of property upon these titles for the period of forty years, his possession is available to produce a prescriptive right. The right of the vassal is lost by the negative prescription. Accordingly, in a late question between the Earl of Dunmore and Captain Middleton of Lethem Dalles, the Lords determined, that 40 years' possession by a superior, upon titles of superiority alone, gives a good prescriptive title, upon which a valid conveyance of lands may be made. It is therefore law, that the superior's infeftment in the dominium directum is a good title for prescribing a right to the property, and 40 years' possession of the dominium utile will vest in him a full right to the lands as effectually as an instrument of resignation from the vassal.