Freely Available British and Irish Public Legal Information
[Home] [Databases] [World Law] [Multidatabase Search] [Help] [Feedback]
Scottish Court of Session Decisions
You are here: BAILII >> Databases >> Scottish Court of Session Decisions >> John Ballantyne v John Murray of Halmyre. [1628] 1 Brn 264 (00 July 1628)
URL: http://www.bailii.org/scot/cases/ScotCS/1628/Brn010264-0656.html
[New search] [Printable PDF version] [Help]
Subject_1 DECISIONS of the LORDS OF COUNCIL AND SESSION, reported by SIR GEORGE AUCHINLECK OF BALMANNO.
John Ballantyne
v.
John Murray of Halmyre
1628 .July .Click here to view a pdf copy of this documet : PDF Copy
John Ballantyne having pursued for a declarator of the Laird of Drummellzier's escheat and liferent, John Murray of Halmyre, pretending a prior gift, was admitted for his interest, and litiscontestation was made in the cause. John Murray compearing, who, thereafter, dies or any more was done in the cause, John Ballantyne seeks this act of litiscontestation to be transferred against the heir of the said umquhile John Murray, to the effect he may get one to represent the defunct, and so go on in the principal cause. It is alleged by the heir of John Murray, No process; because the principal party, Drumellzier, is not called in this transferring. It is answered by the pursuer, That there is no necessity to call him, seeing the transferring of this act can noways concern him. Which the Lords found relevant.
Page 118.
The electronic version of the text was provided by the Scottish Council of Law Reporting