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Scottish Court of Session Decisions >>
The Earl of Southesk v Roger Softly, &c. [1684] 3 Brn 493 (19 January 1684)
URL: http://www.bailii.org/scot/cases/ScotCS/1684/Brn030493-0741.html
Subject_1 DECISIONS of the LORDS OF COUNCIL AND SESSION, reported by SIR JOHN LAUDER OF FOUNTAINHALL Subject_2 SUMMER SESSION.
Date: 19 January 1684
The Earl of Southesk v. Roger Softly, &c
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The Earl of Southesk's action against Roger Softly of Holmes, and others, or multures, was this day advised; and the Lords restricted the process to the years since the pursuer's infeftment produced, viz. 1659, reserving to the pursuer to insist in another process for the years preceding the same; and sustain process for all years since the citation, and for five years preceding it, because of the quinquennial prescription of multures introduced by the Act of Parliament 1669; which allegeance of prescription for any years after the said Act of Parl, they sustain; and find the astriction and quantities proven against the said Roger by the decreet produced, and decern against him for the space of 12 years, during which space he acknowledges he has possessed. And also find the astriction and quantity proven by the decreet produced, against Maxwell of Cowheath, Brown of Nunland, and Maxwell of Hills; and assign the day of next, to their procurators to produce them, to depone anent
the time of their possession; the said Maxwell of Hills his oath being only reriled from as to the having of writs, but not as to any other point in the process.
