Scottish Court of Session Decisions

Subject_1 DECISIONS of the LORDS OF COUNCIL AND SESSION, reported by SIR ALEXANDER GIBSON, OF DURIE.

James Stuart, Commissary of Dunkell,
v.
Lord Gray

Date: 29 January 1623

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In an action pursued by Mr James Stuart, Commissary of Dunkell, against the Lord Gray, for poinding of the ground for an annual-rent owing divers years preceding the decease of umquhile the defender's father, who was alleged to have died at a certain term libelled;—the Lords found, that that summons ought to abide continuation, because it bore the time of the defender's father's decease, which behoved to be proven: and so consisting in facto, that the summons ought to abide continuation; it being an action of poinding of the ground, pursued by Mr James Stuart, as assignee-constitute to the bygones of that annual-rent, preceding the Lord Gray's decease, by him who had right to the annual rent.

Act. M'Gill and Lawtie. Alt. Aiton and Cheap.

Page 42.