Scottish Court of Session Decisions

Subject_1 KIRK PATRIMONY.
Subject_2 SECT. I.

Nature of this species of Property.

Minister of Logie
v.
The Heritors

1686. December.
Case No. No 33.

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The designation of a minister's glebe being quarrelled as half an acre more than the four allowed by law;

Alleged for the minister; That he and his predecessors had been thirteen years in possession.

Answered; Decennalis et triennalis possessio non relevat in petitorio; 2do, This presumptive title cedit veritati; for the true title being the designation of a glebe, which, according to law, should consist of four acres; if upon measuring half an acre more appear to have been designed, the designation is null. The Lords, before answer, ordained the land to be measured.

Harcarse, (Ministers.) No 696. p. 196.