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Scottish Court of Session Decisions >>
Fuird v Stevenson. [1637] Mor 10618 (13 March 1637)
URL: http://www.bailii.org/scot/cases/ScotCS/1637/Mor2510618-003.html Cite as:
[1637] Mor 10618
What title requisite. - What time requisite. - Connection of possession.
Fuird v. Stevenson
Date: 13 March 1637 Case No. No 3.
An apprising with infeftment is a good title for a possessory judgment.
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One John Fuird pursuing removing against John Stevenson from an house in Kilrenny, who alleging, That he was infeft upon a comprising of that land in anno. 1630, and was seised in October that year, and by virtue thereof had obtained decreet against the tenants, and continually possessed since, which should defend him in this judgment possessor —and the pursuer replying, That he had an anterior heritable right made to him by that person, from whom the defender comprised, before the defender's comprising, and which was granted to him for a preceding just debt, and had also thereupon obtained decreet against the tenant of the land, so that he ought to be preferred, notwithstanding of the excipient's decreet, whereby he ought not to be prejudged, who was not warned thereto, albeit he Was standing infeft the time of the warning; the Lords, found the exception founded upon the defender's heritable right; and six years possession, relevant in this judgment possessory, notwithstanding of the reply, without prejudice to the pursuer to reduce upon the reason of anteriority of his right, or upon any other ground competent to him prout de jure.
