Scottish Court of Session Decisions

Subject_1 EJECTION.

Drumkillo
v.
Laing

Date: 18 January 1623
Case No. No 6.

Found as above.

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In an action of ejection pursued by the laird of Drumkillo against one Laing and three others, for ejecting him furth of lands pertaining to him as heritor, tacksman, or as mailler; the cause being concluded, no defender compearing, the parties assoilzied, because the pursuer proved none of his titles neither by writ nor witnesses. In that cause, I proponed, that in an ejection, if the pursuer had left vacuam possessionem and the defender had entered, using no violence, nor finding no interruption, that the action might be sustained to re-possess the pursuer, but it was not reason to snare the possessor with violent profits, he having used no sort of violence, but rather to sustain it for intrusion; which The Lords seemed to allow.

Fol. Dic. v. 1. p. 251. Haddington, MS. No 2726.