Scottish Court of Session Decisions

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.

Ballach
v.
Massie Weir; And Dr Kincaid
v.
Robert Monro

Date: 18 November 1624

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One Ballach in Leith having comprised the five pound land of Ernock, (for James Dalziell's cautionry;) between his denunciation and comprising, one compriseth the legal. Half a year after the comprising, duly led, Massie Weir compriseth the same legal; and when it came before the Lords, this last compriser was preferred, because the legal was not in rerum natura when that first comprised it, and so not comprisable. However, the contrary was sustained in effect, between Dr Kincaid and Mr Robert Monro.

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