Scottish Court of Session Decisions

Subject_1 NON-ENTRY.
Subject_2 SECT. II.

Full mails not due till declatator; unless the Superior be already in possession by ward.

Brown
v.
M'Culloch

Date: 7 December 1614
Case No. No 20.

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In an action pursued by John Brown contra Thomas M'Culloch of Barholm, for the farms of the lands of Brudslain, continually since the decease of his father; it was alleged by the defender, That the pursuer's sasine could not give action for the years before his infeftment, especially against the defender, who as superior had right to the farms by non-entry. The Lords repelled the allegeance, and found, that the superior could not have right to the farms without a declarator, and that he could not enter thereto brevi manu.

Fol. Dic. v. 2. p. 5. Kerse. MS. fol. 117.