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Subject_1 DECISIONS of the LORDS OF COUNCIL AND SESSION, reported by SIR ALEXANDER GIBSON, OF DURIE.
Date: The Earl of Kinghorn
v.
Collace
31 March 1626 Click here to view a pdf copy of this documet : PDF Copy
In an action of removing, pursued at the instance of the Earl of Kinghorn against Collace, an exception was admitted to the defender's probation, upon a right made to the defender, of the lands libelled, or to his father or goodsire; and, at the term of probation, an incident being produced, raised at the defender's instance, against certain persons called as Havers of these evidents, whereby he behoved to prove his exception; this incident was sustained, albeit the evidents called for thereby were the defender's own evidents, seeing the defender, user of the incident, was a minor; and so it might be probable, that he was not master, nor haver of his own writs.
Act. Hope and Rollock. Alt. Aiton and Mowat. Gibson, Clerk. Vid. 19th July 1625, Hay; 6th February 1622, Grier.
Page 201.
The electronic version of the text was provided by the Scottish Council of Law Reporting