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.

Arthur
v.
Laird of Bleko

Date: 14 June 1613
Case No. No 47.

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In an action betwixt Mr John Arthur and the Laird of Bleko, the Lords sustained a sasine upon a retour granted by the heir of the old superior, who was denuded, to purge the non-entry, notwithstanding it was offered to be proved, that long before the space of four ages the superior was denuded.

Item, it was found in that case, that the lands being full 40 years by a sasine, it purged all the preceding non-entry.

Fol. Dic. v. 2. p. 7. Kerse, MS. fol. 117.