Legal Subject: Possession

Case Date Legal Subject Abstract
Dundas v. Duncan 1802 Lordship, Decree of adjudication, Possession, Prescription right Dundas continued the case as assignee of Miss Helen Bucknay who initially brought the petition. Ms. Bucknay asked the Court to declare that she (now Dundas) has the only good and undoubted right and title to some houses situated in the burgh of Linlithgow over the defendant (Jean Duncan). Therefore he should cede his possession of these subjects. Defendant submitted and explained the title and deeds of the premises, such as a decree of adjudication and bond granted by the prior landlord who transferred the ownership to him and his family, in payment and in satisfaction of a debt.
Earl of Dalhousie v. Wilson 1 Dec 1802 Property rights, Lease, Assignment, Possession Charles Wilson was a farm tenant in Millholm, which was originally leased to his father, William Wilson. The landlord of the property was the pursuer, Earl Dalhousie. The lease was then assigned to John Wilson, son of Charles Wilson, who did not reside in the farm, but hired a servant or a manger, James Keddie, to cultivate the land. John Wilson moved to Jamaica. The Pursuer brought an action to remove John Wilson and James Keddie from the possession of the farm, alleging that it has been subleased without his written consent as the proprietor. The Court concluded that John Wilson must be held as having abandoned his lease, and as the farm remained without a tenant, the landlord was entitled to enter to the possession.
Scott v. Brodie 2 Mar 1803 Possession, tenant John Scott purchased a farm in Ormiston, which was in possession of Mr. Brodie, as a tenant. As a result of landlord petitions, the Lord Ordinary issued a bill of suspension an interdict against the tenant. Parties discussed if Mr. Brodie was entitled to an away-going crop of that land or if the petitioner was entitled to the value of the crop, without allowance for feed and labour.