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You are here: BAILII >> Databases >> Scottish Court of Session Decisions >> The Laird of Touch v The Tenants of William Home of Hardismill. [1624] 1 Brn 132 (9 March 1624)
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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.
Date: The Laird of Touch
v.
The Tenants of William Home of Hardismill
9 March 1624 Click here to view a pdf copy of this documet : PDF Copy
William Home, bastard son to the late Earl of Home, being gifted by his father with the provostry of Douglass, 1611, assigned the whole byrun mails of the same to William Home of Hardismill, 1621. The Laird of Touch having obtained Hardismill's liferent, pursued the tenants for these byruns in a special declarator. Excepted, No process upon the summons till they were continued. Replied, That needeth not; because the summons depended upon the general declarator, and, besides, were privileged. Duplied, The general declarator did work no more, but only put the donator in the assignee's place, and, if the assignee could not pursue without continuation, no more the donator; especially the defenders being third persons. The Lords sustained the summons without continuation.
Page 317.
The electronic version of the text was provided by the Scottish Council of Law Reporting