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Subject_1 DECISIONS of the LORDS OF COUNCIL AND SESSION reported by SIR ROBERT SPOTISWOODE OF PENTLAND.
Subject_2 Such of the following Decision as are of a Date prior to about the year 1620, must have been taken by Spotiswoode from some of the more early Reporters. The Cases which immediately follow have no Date affixed to them by Spotiswoode.
The Laird of Halton
v.
Andrew Murray
1546 .Click here to view a pdf copy of this documet : PDF Copy
The Laird of Halton pursued Andrew Murray before the Lords, for troubling him in his possession of certain lands proper to him, as he alleged. During the dependence of this cause, Andrew Murray raised letters of cognition before the sheriff, upon his possession of the same lands, being common to him as parts and pertinents of his lands of Blackbarony. Halton sought the letters of cognition to be suspended, because they were prejudicial to his summons first raised and depending; quia sententia lata, in causa cognitionis, pareret exceptionem coram DD. in causa molestationis. The Lords thought the cognition raised in prejudice and defraud of the action of molestation intented; and therefore suspended it till the other was discussed.
Page 215.
The electronic version of the text was provided by the Scottish Council of Law Reporting