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You are here: BAILII >> Databases >> Scottish Court of Session Decisions >> The Laird of Ward-House v The Laird of Dunkintie and his Tenants in Christ's-Kirk. [1628] 1 Brn 151 (9 February 1628)
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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: The Laird of Ward-House
v.
The Laird of Dunkintie and his Tenants in Christ's-Kirk
9 February 1628 Click here to view a pdf copy of this documet : PDF Copy
The Laird of Ward-House pursued the Tenants of Christ's-Kirk, for payment of their thirled multures to him, and for doing of certain services, as leading stones to the mill, bigging of the dam, &c. Compeared the Laird of Dunkintie, and alleged, No process against the defenders, who were his tenants; because he was not summoned; which not being done, they could not constitute any servitude upon his tenants and lands. This exception, if it had been proponed for the tenants, was very relevant; but it was thought by many of the Lords, that he, compearing at the bar uncalled, could not be heard to allege that he was not summoned; yet the most part sustained the exception proponed by Dunkintie himself.
Page 318.
The electronic version of the text was provided by the Scottish Council of Law Reporting