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You are here: BAILII >> Databases >> Scottish Court of Session Decisions >> The Goodman of Coumsly v The Earl of Roxburgh. [1629] 1 Brn 171 (12 March 1629)
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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 Goodman of Coumsly
v.
The Earl of Roxburgh
12 March 1629 Click here to view a pdf copy of this documet : PDF Copy
The Goodman of Coumsly charged the Earl of Roxburgh to enter him to the lands of Smailholm that he had comprised from Coldingknows. He suspended, because that Coldingknows was never infeft. Answered, The Earl could not be heard to allege that; because he had disponed Coldingknow's's liferent-escheat of the same lands, whereupon the donator had obtained a declarator, in which he was acknowledged to be proprietor of the same lands; so that he could not now deny that he was infeft. The Lords, notwithstanding, found the reason of suspension relevant.
Page 52.
The electronic version of the text was provided by the Scottish Council of Law Reporting