Scottish Court of Session Decisions

Subject_1 WRIT.
Subject_2 SECT. III.

Writer of the Deed.

Robert Scot
v.
Silvertounhill

Date: 15 July 1665
Case No. No. 78.

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Robert Scot pursuing a poinding of the ground, for an annual-rent, Silvertounhill compeared, and alleged possession, by virtue of a prior annual-rent, and that the pursuer's infeftment was base, not clad with possession. For proving possession, Robert Scot produced discharges granted by the, annual-renter to the heritor for the time, for himself, and in name of the tenants, which had witnesses, but designed not the writer's name; and being alleged to be null for want thereof;

The Lords ordained Scot to condescend upon the writer of the discharge in respect the annual-rent did extend to £80. and it did prefer one annual-rent to another.

Stair, v. 1. p. 399.