Judicial Steps, how far under the Power of Parties, to be retracted, altered, or amended.
Commendator of the Priory of St Andrews v. Tenants
Date: 17 May 1542 Case No. No 228.
Found that a general libel may be made special cum processu by a judicial declaration.
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In the cause of the Commendator and Tenants of the Priory of St Andrews, the Lords, albeit the libel was general, and so that it could not be known wherein the place was hurt, or the rental diminished, because it was not libelled where the casting of the stanks, and the upholding of the dykes of Pitlochie used to be put in the farmers' tacks, and now left out of the said Sir William Ramsay's tacks, the nineteen years was of avail, and so the libel was general in that point; nevertheless, the Lords, by the said Sir William's confession, made an judgment of the avail yearly of the premisses, understood the place in so far hurt, and the rental so far diminished, as the said duties were yearly worth, decerned the tack for the same cause to be reduced, et hoc ideo quia licet super libello generali sententia ferri non possit, quia de jure generalis libellus procedit a parte altera, L. finali Cod. De annali exceptione; et satius est generaliter declarari in processu, ut ibi scribitur ideo cum litera presenti; Domini Consilii sententiaverunt generaliter illa non obstante ex eo quod per confessionem dicti Domini Gulielmi in processu factum fuit clarius.
