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The Lady Enterkin v John Cuningham of Enterkin, her Son. [1711] Mor 14967 (27 December 1711)
URL: http://www.bailii.org/scot/cases/ScotCS/1711/Mor3414967-006.html Cite as:
[1711] Mor 14967
The Lady Enterkin v. John Cuningham of Enterkin, her Son
Date: 27 December 1711 Case No. No. 6.
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The Lady Enterkin having complained of her son, for unwarrantably dispossessing her, by a decreet of his own Baron Bailie, of certain lands she had peaceably possessed more than seven years, the Lords reponed the complainer summarily to the possession, upon her finding caution, before extract, for her intromissions; albeit it was alleged for Enterkin, That the complainer's possession had a clandestine and precarious entry in the time of his minority, wanting a sufficient title to support it; and she was dispossessed via juris, by decreet of a lawful court; for though a Baron may, by his Bailie, give decreet against his tenants, for payment of their rents, if the interest of no third party in possession interfere, yet a decreet against the tenants, tending in the consequence to overturn the right and possession of a third party, is but color quæsitus to cover oppression.
