Scottish Court of Session Decisions

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.

Andrew Caldwell
v.
Robert Stirk

Date: 17 July 1629

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Andrew Caldwell pursued Robert Stirk for a house-mail of a tenement in Dumfermling belonging to the pursuer, and that for the term betwixt Whitsunday and Martinmas, 1624. Alleged, absolvitor; because the pursuer sold the tenement to the defender before Martinmas; and so he, being denuded by virtue of that disposition before the term, could pretend no right to the subsequent term's mail. Replied, That ought to be repelled, in respect the disposition was but immediately before the term, viz. the sixth of November, and the defender was not infeft till after the term; likeas the money which was the price of the house, was not payable till after the term; and so, unless the mail had been discharged, it is due to the pursuer. Duplied, In respect the pursuer had no right at the term, he cannot have that term's mail, unless it had been specially reserved. The Lords found the exception relevant.

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