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You are here: BAILII >> Databases >> Scottish Court of Session Decisions >> James Mackgie v George Levingston. [1627] 1 Brn 142 (13 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: James Mackgie
v.
George Levingston
13 March 1627 Click here to view a pdf copy of this documet : PDF Copy
James Mackgie pursued his tenants for their mails and duties of the Whitsunday's term 1626. Compeared George Levingston, and alleged they appertained to him, by virtue of a comprising led by him, against the pursuer, of the same lands. Replied, That his comprising was after Whitsunday, and so he had no right to the mails owing before. Duplied, That he had comprised all right standing in James Mackgie's person the time of his comprising, which behoved to include the duties owing to him by the tenants. The Lords repelled the exception in respect of the reply, and thought a compriser could have no right to bygone mails; but that he should poind them, and not claim them by his comprising.
Page 43.
The electronic version of the text was provided by the Scottish Council of Law Reporting