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Scottish Court of Session Decisions
You are here: BAILII >> Databases >> Scottish Court of Session Decisions >> Thomas Lindsay v James Carmichael's Relict and Bairns. [1628] 1 Brn 152 (16 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: Thomas Lindsay
v.
James Carmichael's Relict and Bairns
16 February 1628 Click here to view a pdf copy of this documet : PDF Copy
Thomas Lindsay, against the relict and bairns of James Carmichael of Potishaw, pursued a general declarator of the said James his escheat. Alleged, No process upon the pursuer's summons, because all parties having interest were not summoned, viz. Robert Henry, executor dative confirmed to Alexander Levingston of West-quarter, who was also donator to Potishaw's escheat, and whereupon he had action of declarator depending; which action the pursuer could not but know, because he compeared therein, and was admitted for his interest. Replied, There was no necessity for his summoning any but the relict and bairns of the rebel, personally or at their dwelling-house, and all others having interest, at the head burgh of the shire, which he had done; and as for his executor, if he pleased to compear for his interest, he was content he should be admitted. The Lords repelled the allegeance.
Page 101.
The electronic version of the text was provided by the Scottish Council of Law Reporting