Judicial Steps, how far under the Power of Parties, to be retracted, altered, or amended.
L Roslin v. L Haltoun.
Date: 15 June 1622 Case No. No 242.
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L. Roslin pursues a declarator of liferent of the lands Alderstoun against the L. Haltoun, wherein Haltoun having proponed an exception of improbation against the hornings whereupon the declarator was sought, and being admitted, and the cause holden as concluded upon that improbation, after the conclusion, and before the advising of the process, the pursuer produced certain articles of approbation of the hornings, which he desired to be received and discussed by the Lords; which the Lords found ought not to be received, nor taken in after the improbation was concluded; and sicklike refused to take the improver's oath upon the verity of the hornings, which was desired by the pursuer, in respect that the process was concluded by receipt of the depositions of the witnesses inserted, after which it was not time to ask the party's oath.
Act. Hope & Fairlie.Alt. Nicolson & Lermonth.Clerk, Gibson.
Fol. Dic. v. 2. p. 201. Durie, p. 25.
