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You are here: BAILII >> Databases >> Scottish Court of Session Decisions >> Harper v Armour. [1672] Mor 10628 (25 January 1672)
URL: http://www.bailii.org/scot/cases/ScotCS/1672/Mor2510628-016.html
Cite as: [1672] Mor 10628

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[1672] Mor 10628      

Subject_1 POSSESSORY JUDGMENT.
Subject_2 SECT. II.

What sort of possession requisite.

Harper
v.
Armour

Date: 25 January 1672
Case No. No 16.

Possessory judgment not competent, by obtaining decrees for seven years rent.


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In a competition betwixt Harper and Armour for mails and duties, the Lords found, that civil possession, by obtaining two decreets for seven years rent, was not sufficient to give the benefit of a possessory judgment, which could only be effectual by the continuance of the possession seven years, either by labouring or lifting the duties, during that time.

Fol. Dic. v. 2. 89. Stair, v. 2. p. 55.

The electronic version of the text was provided by the Scottish Council of Law Reporting     


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URL: http://www.bailii.org/scot/cases/ScotCS/1672/Mor2510628-016.html