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Scottish Court of Session Decisions
You are here: BAILII >> Databases >> Scottish Court of Session Decisions >> Robert Nairn, Advocate, v The Laird of Fordell, Brown, the Laird of Kincaid, and George Clerk. [1628] 1 Brn 268 (16 July 1628)
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Subject_1 DECISIONS of the LORDS OF COUNCIL AND SESSION, reported by SIR GEORGE AUCHINLECK OF BALMANNO.
Robert Nairn, Advocate,
v.
The Laird of Fordell, Brown, the Laird of Kincaid, and George Clerk
1628 .July 16 ,andNovember 16 .Click here to view a pdf copy of this documet : PDF Copy
How molestations should be pursued before inferior judges, vide James VI, Par. 2, cap. 42. In this Act, the members of the College of Justice their privilege is excepted; whereunto Mr Robert Nairn, advocate, adhered, in the molestation pursued, hinc inde, by him against the Laird of Fordell, Brown, the Laird of Kincaid, and George Clerk, and by them against him. And the Lords would not urge him to quit his privilege, but if it were with his own consent; but if either party produced, before the Lords, witnesses for proving of their bounds, the Lords declared they would have, at any time, consideration anent the quality of the witnesses.—16th July 1628.
This action being called in the Innerhouse, 16th November 1628, the Lords appointed three of their number to visit the ground in May 1629, to take trial of the matter, according to their best judgment; and if need be, to report.
Page 137.
The electronic version of the text was provided by the Scottish Council of Law Reporting