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You are here: BAILII >> Databases >> Scottish Court of Session Decisions >> Margaret Cunningham and her Bairns v Peter Mackulloch. [1627] 1 Brn 141 (3 March 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: Margaret Cunningham and her Bairns
v.
Peter Mackulloch
3 March 1627 Click here to view a pdf copy of this documet : PDF Copy
In ejections, an exception proponed of absolvitor, because the defender offereth him to prove, that, upon a warning, decreet of removing being obtained against the pursuer, he did voluntarily remove for obedience to the said decreet, (and so the defender did no wrong to enter to the void possession;) is ever maintained as relevant, albeit it be contrary to the libel, bearing the defender to have violently and masterfully ejected the pursuer: And the same exception is relevant against the relict and bairns of him against whom decreet was obtained.
Page 91.
The electronic version of the text was provided by the Scottish Council of Law Reporting