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Mackenzie v Gullen and Others. [1781] Mor 15186 (4 July 1781)
URL: http://www.bailii.org/scot/cases/ScotCS/1781/Mor3515186-040.html Cite as:
[1781] Mor 15186
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Mr. Mackenzie, purchaser of the Winton estate from the York-buildings Company, at a judicial sale, brought an action of removing against the inhabitants of the village of Seton, many of whom, with their predecessors, had held their possessions for ages, for a trifling duty. The defenders allowed they had no feudal titles, but pleaded, That holding their possessions beyond all record, they were to be considered as actual proprietors; consequently, their subjects did not fall under the Earl of Winton’s forfeiture, and therefore never belonged to the York-buildings Company, nor formed any part of the lands purchased by the pursuer. Answered, The defenders were no more than ordinary rentallers, and removeable at the pleasure of the proprietor. The Lords decerned in the removing.
Fol. Dic. v. 4. p. 322. Fac. Coll.
***This case is No. 118. p. 10310 voce Personal and Real.
