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Mr George Dickson and William Foster, Writer, v Sir Godfrey M'Culloch of Ardwal. [1686] Mor 9213 (7 December 1686)
URL: http://www.bailii.org/scot/cases/ScotCS/1686/Mor2209213-067.html Cite as:
[1686] Mor 9213
A person in possession by a voluntary deed cannot invert this possession, in prejudice of the Granter. The same holds with regard to legal Disponees.
Mr George Dickson and William Foster, Writer, v. Sir Godfrey M'Culloch of Ardwal
Date: 7 December 1686 Case No. No 67.
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In Mr George Dickson and William Foster, writer, their case against Sir Godfrey M'Culloch of Ardwal, the Lords inclined to think, a man might defend upon any right he had in his person when he was pursued, and that this was not ascribing his possession to one right more than to another; but if he pursue upon one particular title, as on a gift of escheat, a right of liferent, &c. he cannot afterwards vary so as to ascribe his possession to another title, and pretend he then bruiked by a comprising, because he hath already elected.— See Stair, B. 2. T. 1. § 27.
Fol. Dic. v. 1. p. 599. Fountainhall, v. 1. p. 435.
