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Scottish Court of Session Decisions >>
William Yeaman v Patrick Oliphant. [1665] 2 Brn 417 (22 February 1665)
URL: http://www.bailii.org/scot/cases/ScotCS/1665/Brn020417-0684.html
Subject_1 DECISIONS of the LORDS OF COUNCIL AND SESSION, reported by SIR JOHN LAUDER, LORD FOUNTAINHALL.
William Yeaman v. Patrick Oliphant
Date: 22 February 1665
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The Lords found in a declarator of the expiration of a comprising by intromission, &c. where a compriser has two titles in his person, and has entered in possession of the lands by virtue of the comprising then standing in his person, that he cannot ascribe his possession to any supervenient right or title he should thereafter acquire, posterior to his comprising and possession thereon.
In this same cause also, betwixt Wm. Yeaman and Mr. Patrick Oliphant, found that though parricide was a special kind of murder under trust; yet that the act of Parliament defined another punishment therefore nor treason, which was the forfaulture of the heirs of the parricide in recta linea and giving the estate to the nearest collateral.
It was also found that the punishment of contumacy for a crime, wherein if the defender had compeared, he would have been forfaulted, could infer no other punishment but allenarly the confiscation of the pannel's moveables, being only charged with horning to appear to find caution to underly the law. The large Information of this I have.
Act. Lockart, M'Keinzie, and Dinmuire.Alt. Cunyghame and Maxwell.
Advocates' MS. folio 53.
