You are here:BAILII >>
Databases >>
Scottish Court of Session Decisions >>
Somervil v Aitken. [1739] Mor 10653 (21 December 1739)
URL: http://www.bailii.org/scot/cases/ScotCS/1739/Mor2510653-054.html Cite as:
[1739] Mor 10653
Subject_1 POSSESSORY JUDGMENT. Subject_2 SECT. VI.
Against what Rights does it take place? - Runs not contra non valentes agere. - If competent against an Action of Warrandice? - Runs against Minors.
Somervil v. Aitken
Date: 21 December 1739 Case No. No 54.
Click here to view a pdf copy of this documet : PDF Copy
Where a defender called in an action of mails and duties before an Inferior Court is entitled to a possessory judgment, the inferior judge is judge-competent in that question; and therefore a pursuer of mails and duties, against whom a possessory judgment was pleaded, having advocated his own cause on pretence of the competition of heritable rights, “The cause was remitted.”
