BAILII [Home] [Databases] [World Law] [Multidatabase Search] [Help] [Feedback]

Scottish Court of Session Decisions


You are here: BAILII >> Databases >> Scottish Court of Session Decisions >> Cleughton and Seller, Competing. [1749] Mor 10610 (5 July 1749)
URL: http://www.bailii.org/scot/cases/ScotCS/1749/Mor2510610-027.html
Cite as: [1749] Mor 10610

[New search] [Printable PDF version] [Help]


[1749] Mor 10610      

Subject_1 POSSESSION.

Cleughton and Seller, Competing

Date: 5 July 1749
Case No. No 27.

Click here to view a pdf copy of this documet : PDF Copy

It is a maxim in law, that nemo potest mutare causam suæ possessionis; that none can change the title of his possession by his own deed. But this was found not to apply to the case where William Seller's author had entered into possession upon an adjudication; and having discovered a defect in it, had deduced a new adjudication on the same ground of debt; and to which he now, in the competition with Cleughton, ascribed his possession; for that was not understood to be a changing the title of his possession.

Kilkerran, (Possession.) No 1. p. 578.

The electronic version of the text was provided by the Scottish Council of Law Reporting     


BAILII: Copyright Policy | Disclaimers | Privacy Policy | Feedback | Donate to BAILII
URL: http://www.bailii.org/scot/cases/ScotCS/1749/Mor2510610-027.html