Scottish Court of Session Decisions

Subject_1 REMOVING.
Subject_2 SECT. II.

Who must be called.

Wilson
v.
Lindsay

Date: 17 February 1627
Case No. No 41.

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In an action of Wilson against Lindsay, for removing from a waste ground and some lime-pots and houses, the Lords repelled an exception proponed upon he defender's own infeftment of these same lands, and his author's infeftment likewise standing clad with 40 years possession; because the pursuer qualified a more pregnant possession in his own person of these same lands, by setting of the houses and receiving yearly mails therefor, and by barking of his skins in the lime-pot continually, and spreading and drying them upon the waste ground without interruption; which the Lords sustained in fortification of the pursuer's right, to produce removing against the excipient in this same judgment, without necessity of any reduction of the excipient's right.

Act. Graig. Alt. ———. Clerk, Gibson. Durie, p. 278.