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Wallace v Campbell. [1695] Mor 10653 (4 January 1695)
URL: http://www.bailii.org/scot/cases/ScotCS/1695/Mor2510653-053.html Cite as:
[1695] Mor 10653
Subject_1 POSSESSORY JUDGMENT. Subject_2 SECT. VI.
Against what Rights does it take place? - Runs not contra non valentes agere. - If competent against an Action of Warrandice? - Runs against Minors.
Wallace v. Campbell
Date: 4 January 1695 Case No. No 53.
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Philiphaugh reported Hugh Wallace of Ingliston contra Sir George Campbell of Cesnock. The Lords found Cesnock, though within year and day of Ingliston, could not claim the benefit of his infeftment, till he paid the expenses of it; and that there was no possessory judgment of a prior apprising to exclude a second, where they were within year and day; but that, before citation or interpellation at the second appriser's instance, the rents uplifted by the first were fructus bona fide percepti, yet so as what he uplifted more than paid his annualrents was to be ascribed in sortem; but after citation, they behoved to communicate the rents proportionally effeiring to their sums, seeing law reputed them tanquam jus individum. See this so decided 15th July 1675, Boyd contra Justice, No 50. p. 10650.
