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Henry Ker of Gradon v Andrew Inglis, Merchant in Edinburgh. [1714] Mor 12723 (12 February 1714)
URL: http://www.bailii.org/scot/cases/ScotCS/1714/Mor3012723-611.html Cite as:
[1714] Mor 12723
Henry Ker of Gradon v. Andrew Inglis, Merchant in Edinburgh
Date: 12 February 1714 Case No. No 611.
Possession presumed retro, until the possession of another appear.
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In the reduction and improbation at the instance of Henry Ker against Andrew Inglis for reducing his right to a tenement of land in Edinburgh,
Alleged for the defender, That in the year 1620, George Abernethy, advocate, did, in a contract of marriage betwixt Elizabeth Abernethy, his daughter, and John Dunlop, dispone to them and their children, the tenement aforesaid, whereupon the said Elizabeth Abernethy and her husband were infeft; and the defender produced a connected progress of writs from them, by virtue whereof he instructed possession since the year 1688 by an adjudication; and contended, That his author's possession should be presumed retro till the year 1620, when his author's title commenced, unless the contrary be proved.
The Lords found, That the defender's possession is presumed retro, unless the pursuers prove, that some of his authors or predecessors possessed within the years of prescription, or used interruption.
