Subject_1 DECISIONS of the LORDS OF COUNCIL AND SESSION, reported by SIR ALEXANDER GIBSON, OF DURIE.
Date: Lady Winton
v.
Scot
24 June 1623 Click here to view a pdf copy of this documet : PDF Copy
In an action of spuilyie of teinds, the Lady Winton against Scot,—the Lords would not, after litiscontestation, sustain an exception, the defender being then compearing, who was absent in the process when litiscontestation was made, albeit it was the first term of probation, and no witnesses then received, when he offered to propone it, though founded upon the Act of Parliament for requiring of teinding, and upon teinding and intromitting, conform thereto. Which exception was not received, albeit at the first term proponed; because some part thereof consisted in facto, which could not instantly be verified, albeit the most part was verified instantly.
Act. Stuart. Alt. Scot. Gibson, Clerk. Page 65.
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