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You are here: BAILII >> Databases >> Scottish Court of Session Decisions >> William Douglas of Blaikerston v The Tenants of Coldingham. [1627] 1 Brn 139 (10 February 1627)
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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: William Douglas of Blaikerston
v.
The Tenants of Coldingham
10 February 1627 Click here to view a pdf copy of this documet : PDF Copy
William Douglas of Blaikerston, as donator to the liferent-escheat of John Stuart, and having obtained general declarator thereupon, intented a removing against the tenants of Coldingham, (which is in effect a special declarator,) having produced only the general declarator to instruct his interest. It was al
leged, No process upon the general declarator before the horning, whereupon it proceeded, were produced; because, howbeit the general declarator would suffice if he were pursuing the rebel, yet, having to do with the tenants, who were never convened in the same, the horning behoved to be produced; for they might, after inspection, object nullity against the same. It was found, no necessity to produce the horning. Page 100.
The electronic version of the text was provided by the Scottish Council of Law Reporting