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You are here: BAILII >> Databases >> Scottish Court of Session Decisions >> The Laird of Drumwhasill v Sir James Kneilland. [1628] 1 Brn 272 (4 December 1628) URL: http://www.bailii.org/scot/cases/ScotCS/1628/Brn010272-0686.html |
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Subject_1 DECISIONS of the LORDS OF COUNCIL AND SESSION, reported by SIR GEORGE AUCHINLECK OF BALMANNO.
Date: The Laird of Drumwhasill
v.
Sir James Kneilland
4 December 1628 Click here to view a pdf copy of this documet : PDF Copy
In a removing, pursued by the Laird of Drumwhasill against Sir James Kneilland, to remove from the house of Dormondsyde, as part and pertinent of his lands of Dormondsyde, it was excepted by Sir James, That he stood heritably infeft in the lands of the Waird of Cruikstoun, whereof this house is part or pertinent; and, by virtue of his infeftment, had been in possession of the said house by the space of ten or twelve years. To the which it was replied by the pursuer, That he offered him to prove, that this house was a part and pertinent of his lands of Dormondsyde, and that his forbears were in peaceable possession of the said house 60 years ago, till, by the execution of his goodsire, the Duke of
Lenox, superior, intruded himself in the possession of the said house. The Lords repelled the exception, in respect of the reply. [Vide Contrarium, Dalmahoy against Roxburgh.]
Page 193.
The electronic version of the text was provided by the Scottish Council of Law Reporting