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Boog v John Muir, Stabler. [1679] 3 Brn 303 (30 July 1679)
URL: http://www.bailii.org/scot/cases/ScotCS/1679/Brn030303-0381.html
Subject_1 DECISIONS of the LORDS OF COUNCIL AND SESSION, reported by SIR JOHN LAUDER OF FOUNTAINHALL Subject_2 SUMMER SESSION.
Boog v. John Muir, Stabler
Date: 30 July 1679
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In the competition between Boog, and John Muir a stabler, in a removing; Newton refused to sustain seven years' possession, as sufficient to prefer in a removing against an infeftment which was prior in date; but he confessed that seven years' possession was sufficient in an action for maills and duties, (which is a possessory judgment,) against an infeftment prior in date; only found the naked priority of the right sufficient to give preference in judicio de migrando. See Hope's Minor Pract. tit. Of Removings; and 9th June 1677, Guthries.
This is doubted, as non bene judicatum. Vide infra, at the end of February 1680, No. 42, p. 97.
