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The Earl of Airly v John Dempster of Pitlever. [1687] 3 Brn 653 (29 November 1687)
URL: http://www.bailii.org/scot/cases/ScotCS/1687/Brn030653-1001.html
Subject_1 DECISIONS of the LORDS OF COUNCIL AND SESSION, reported by SIR JOHN LAUDER OF FOUNTAINHALL Subject_2 SUMMER SESSION.
Date: 29 November 1687
The Earl of Airly v. John Dempster of Pitlever
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Balkaskie reported the Earl of Airly's reduction of Mr John Dempster of Pitlever's rights of his lands of Balbugie, on an old comprising led in 1536, and which was prescribed; but Airly got an Act of Parl. in 1681, subducting 12 years in Cromwell's time from the prescription, as if Airly had been non valens agere then. Alleged,—The service and retour is after the summons, and his seasine is posterior to the very calling of it by the clerk, and so was filius ante patrem. Answered,—This was good against singular titles, v. g. if one's assignation was after the summons; see Stair, 15th November 1666, Abercrombie. But, in an universal title as heir, it was drawn back, the service being founded on the jus sanguinis, and only declaratory of it.
