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Mr John Sinclair of Balgreigie v Inglis of Easterbowhill. [1695] 4 Brn 244 (17 January 1695)
URL: http://www.bailii.org/scot/cases/ScotCS/1695/Brn040244-0552.html
Subject_1 DECISIONS of the LORDS OF COUNCIL AND SESSION, reported by SIR JOHN LAUDER OF FOUNTAINHALL.
Mr John Sinclair of Balgreigie v. Inglis of Easterbowhill
Date: 17 January 1695
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Arniston reported Mr John Sinclair of Balgreigie against Inglis of Easterbowhill, for declarator of his property of a piece of land called the Strudders. The defence was, Prescription, by forty years' possession.
Answered,—Interrupted by liferents, during which time they encroached.
The Lords found the liferenter's possessing by his right, he was valens agere to have hindered them either via facti vel juris; and so could make no interruption.
Then, 2do. alleged,—It was excepted out of his right, flowing from Abraham Thomson, then rector of Auchterdiran.
Answered,—That was only a right of the east half of Balgreigie, whereof this roum was no part; therefore, it was justly excepted: but afterwards he acquired the west half, whereto it did belong.
The Lords repelled the defence in respect of the answers.
