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Scottish Court of Session Decisions
You are here: BAILII >> Databases >> Scottish Court of Session Decisions >> William Home v The Laird of Mellerstanes. [1590] 1 Brn 124 (00 January 1590)
URL: http://www.bailii.org/scot/cases/ScotCS/1590/Brn010124-0250.html
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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.
William Home
v.
The Laird of Mellerstanes
1590 .Click here to view a pdf copy of this documet : PDF Copy
William Home pursued the Laird of Mellerstanes, to hear and see the tenor of a tack proven; and likewise he pursued Nicoll Cairncross for exhibition and delivery of the same tack, alleging it to be in his hands. Alleged, That thir two actions were incompatible, and so the pursuer could not pursue both the ways. Answered, That it was inter diversas personas et non eodem modo agendi. The Lords found that the pursuer behoved to take him only to one of them; and so he insisted to prove the tenor.
Page 4.
The electronic version of the text was provided by the Scottish Council of Law Reporting