Scottish Court of Session Decisions

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

The Laird of Glengarnock
v.
The Laird of Mushet

Date: 29 June 1626

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This same day, in a Removing at the La. Glengarnock's instance, compearance being made in the name of L. Mushet, who had sold the land to the L. Buchanan, and an exception admitted to his probation, at the term, a discharge being produced from Mushet to his procurators, to compear for him,—the Lords found, that Buchanan, who had bought the lands from him, might compear in that same state of the process, and repeat that same exception; and deduce, in his own name, probation thereon, notwithstanding of Mushet's discharge, who, in the act, only compeared and proponed the exception; and so that Buchanan might stay the circumducing of the term, which the pursuer sought, in respect of the said discharge.

Vid. 27th November 1627, L. Drum.

Page 205.