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Scottish Court of Session Decisions >>
Alexander and Charles Maitland v Roderick Davidson. [1684] 3 Brn 492 (17 January 1684)
URL: http://www.bailii.org/scot/cases/ScotCS/1684/Brn030492-0738.html
Subject_1 DECISIONS of the LORDS OF COUNCIL AND SESSION, reported by SIR JOHN LAUDER OF FOUNTAINHALL Subject_2 SUMMER SESSION.
Date: 17 January 1684
Alexander and Charles Maitland v. Roderick Davidson
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The competition between Alexander and Charles Maitlands, the macers, and Roderick Davidson, who had got a posterior gift of it from the King, as vacant by the deprivation of Alexander Maitland, the father, from all offices, upon the mint decreet, being reported by my Lord Carse;—the Lords reccommended to two of their number to endeavour a settlement.
In this process, Charles Maitland gave in a declinator against my Lord Register, that he should not vote, because he had procured that gift to his man Roderick Davidson. Charles having alleged he was conjunct dominus of the place with his father, and, on his deprivation, that his right stood good;—it was Answered, That they could not be both domini in solidum, per I. 3, § 4. D. de Acquir. et Amit. Poss.; and so the possession could not be both in the father and in the son.
