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Ludovick Cant v Andrew Aickman. [1683] Mor 10633 (00 January 1683)
URL: http://www.bailii.org/scot/cases/ScotCS/1683/Mor2510633-023.html Cite as:
[1683] Mor 10633
Subject_1 POSSESSORY JUDGMENT. Subject_2 SECT. III.
Interruption of Possession.
Ludovick Cant v. Andrew Aickman
1683.
January. Case No. No 23.
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The Lords found, that inhibition did not interrupt a possessory judgment of lands, though it might interrupt a possessory judgment of teinds, inhibition not being a possessory act, but a diligence; though it may be the ground of a petitory action or reduction, which will interrupt after citation or sentence, as the Lords see cause. Item, Found that possession, by virtue of an annualrent, did not afford the benefit of a possessory judgment, an annualrent being no title of possession. And found, that a possessory judgment could not be obtruded against a poinding of the ground on the annualrent, in respect a right of annualrent is consistent with a right of property.
Harcarse, (Removing.) No 837. p. 240.
*** See P. Falconer's report of this case, Section 5th, b. t.
