Scottish Court of Session Decisions

Subject_1 SPUILZIE.
Subject_2 SECT. II.

What Title requisite to found an Action of Spulzie.

Laird of Gadzeard
v.
The Young Sheriff of Ayr

1781. March.
Case No. No. 17.

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The Laird of Gadzeard pursued the young Sheriff of Ayr for spoliation of certain goods, and for the demolishing of a new mill, alleging him to be heritably infeft in the said mill. He was desired by the Sheriff to instruct his summons, and to produce his title where he was heritably infeft. He answered, that he mistered not, for in spoliation it was enough to him to allege possession without a title, and it would come thereafter in terminis probatorio; the which allegeance the Lords found relevant, and found that he mistered not to produce his titles.

Fol. Dic. v. 2. p. 389. Colvil MS. p. 323.