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Scottish Court of Session Decisions >>
Barclay of Busbie v Gemmel. [1630] Mor 1316 (16 January 1630)
URL: http://www.bailii.org/scot/cases/ScotCS/1630/Mor0301316-049.html Cite as:
[1630] Mor 1316
Whether a Father's possession validates a base right in favour of his Son.
Barclay of Busbie v. Gemmel
Date: 16 January 1630 Case No. No 49.
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A father's possession upon a reserved liferent, held to support a base right in favour of an infant daughter, in opposition to public rights of posterior date; and this prior to the act 1693, c. 13.
Fol. Dic. v. 1. p. 90.
*** See the particulars of this case, taken from the Session Papers in Advocates' Library, voce Faculty.
*** By the act of Parliament 1693, chapter 13. it is enacted, “That all infeftments, whether of property of annualrent, or other real rights, whereupon seisins for hereafter shall be taken, shall in all competitions be preferable, and preferred according to the date and priority of the registrations of the seisins, without respect to the distinctions of base and public infeftments, or of being cled with possession, or not cled with possession, in all time coming.”
