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Scottish Court of Session Decisions >>
Sir James Turner v James Pillans. [1682] 3 Brn 443 (21 December 1682)
URL: http://www.bailii.org/scot/cases/ScotCS/1682/Brn030443-0657.html
Subject_1 DECISIONS of the LORDS OF COUNCIL AND SESSION, reported by SIR JOHN LAUDER OF FOUNTAINHALL Subject_2 SUMMER SESSION.
Sir James Turner v. James Pillans
Date: 21 December 1682
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The competition between Sir James Turner and Mr Pillans about the lands of Craig, being reported by Boyn; the Lords found that Mr James, though a compriser within year and day, yet ought not to come in pari passu to a share of the maills and duties with Sir James; because Mr James, having intromitted already, had got part of his annualrents, whereas Sir James had got none: and therefore allowed him to possess till he were as far forward as Mr Pillans was: and then allowed them after that to come in pari passu.
This was reclaimed against by Mr Pillans, (who had not spread his informations before reporting,) as not the equality meant by the 62d Act Parliament 1621, seeing vigilantibus jura subveniunt; and all that Sir James could claim was by an action to repeat his proportion; and, even in that case, he would defend himself that he was a bona fide possessor, as the Lords found in 1675, Baird and Johnston.
But the bill was refused 15th March 1683, and the Lords adhered to their former interlocutor.
