Scottish Court of Session Decisions

Subject_1 DECISIONS of the LORDS OF COUNCIL AND SESSION, reported by SIR JOHN LAUDER OF FOUNTAINHALL
Subject_2 SUMMER SESSION.
1688. July 18and 19.

Cleland and Paterson
v.
William Wilson

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Cleland and Paterson, two messengers, pursue a reduction and improbition of William Wilson's rights on a tenement in Edinburgh, wherein the Lords had found, before, that, if two comprisings be led for the same debt the second is a passing from the first, at least to the effect of keeping its legal from expiring. A decision in Dury, 14th December 1621, Faldonside, was opponed. It was also urged, that, quoad bygones, he had titulum putativum; and so, being bona fide possessor, he could not be countable, but only since the date of the interlocutor finding him liable.

Yet the Lords, on Carse's report, find that the defender must count for the sums contained in the first apprising, and conform to the whole rental since his possession, in the terms of the former deliverances, and act of count and reckoning; and assoilyied from the reduction.

Vol. I. Page 512.