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Scottish Court of Session Decisions |
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You are here: BAILII >> Databases >> Scottish Court of Session Decisions >> John Gordon v Robert Ogilvie. [1776] 5 Brn 540 (00 August 1776) URL: http://www.bailii.org/scot/cases/ScotCS/1776/Brn050540-0599.html |
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Subject_1 DECISIONS of the LORDS OF COUNCIL AND SESSION. reported by Alexander Tait, Clerk Of Session, One Of The Reporters For The Faculty.
Subject_2 PRESCRIPTION.
John Gordon
v.
Robert Ogilvie
1776 .August .Click here to view a pdf copy of this documet : PDF Copy
Where a minister and his predecessors have possessed lands as part of his benefice for the term of the decennalis et triennalis possessio, it is sufficient to secure him, till called in question by a process of reduction, if there is a right by any deed to the lands under challenge,—or by process of declarator, if there is no deed but possession only. This distinction between a reduction and declarator
so argued, August 1776, Captain John Gordon of Park against Mr Robert Ogilvie, minister of Ordiequhill.
The electronic version of the text was provided by the Scottish Council of Law Reporting