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Scottish Court of Session Decisions >>
Douglas of Pumpharston v Lyne. [1630] Mor 2262 (2 February 1630)
URL: http://www.bailii.org/scot/cases/ScotCS/1630/Mor0602262-011.html Cite as:
[1630] Mor 2262
An infeftment of four acres of land, found to be demonstrative and not taxative; and therefore was sustained against a process of removing, the pursuer craving the possessor to be removed from all that was above four acres.
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In a removing, the defender defending with his infeftment of the miln libelled, and four acres of land; and the pursuer passing from that, and desiring the defender to remove from all which should exceed four acres after metting,——The Lords found, That in the removing, the defender and his predecessors immemorial possession of the land, which they bruiked at four acres of land without interruption, ought to defend against this removing, albeit the excresce of the land possessed should exceed four acres, and should be more than six or seven; whereanent in this removing, the Lords would take no trial by metting.
Act. ——.Alt. Craig.
Fol. Dic. v. 1. p. 145. Durie, p. 489.
