Scottish Court of Session Decisions

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.

James Seaton of Touch
v.
William Home of Hardis-Miln

Date: 13 July 1627

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James Seaton of Touch having obtained precepts forth of the chancery, charges William Home of Hardismiln to infeft him in some lands: he suspended, by consigning of a precept of sasine in the clerk's hands. At the reasoning, the suspender alleged, That he had a summons of reduction intented against the charger, for reducing of the charter granted by the suspender to the charger's umquhile father, which behoved to be first discussed; because, if the charter were reduced, frustra should he infeft him. Always the Lords ordained the precept to be given up to the charger; for otherwise they thought that all charges out of the chancery might be eluded and put off, by intenting of a reduction.

See other reports of this Case referred to in the Index to the Decisions, under Touch against Home.

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