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.

The Laird of Herdmiston
v.
George Butler

Date: 17 December 1629

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A Proposition not unfit to be Motioned in Parliament.

That in actions of reduction, of improbation, of warnings, and decreets of removing following thereupon, none shall be compelled to produce any warnings after so many years' space: in respect that men, having made warnings and obtained decreets of removing thereupon, are careless, for the most part, after that, what become of them; but having made their use of them, regard not much the keeping of them, thinking themselves secure enough by their decreets obtained upon them; so that many might sustain great prejudice if decreets of removing, of violent profits, comprisings, and all other things following upon warnings, were reduced for not-production of the warning, which are the grounds of all, twenty or thirty years, perhaps, after the warnings.

This was agitated in a reduction, by the Laird of Herdmiston, against Mr George Butler, wherein the pursuer, urging the production of a warning made by the defender some six years before, whereupon decreets of removing, of violent profits, and comprising, had followed; these difficulties were represented; and, in regard of them, the Lords made no decision in it, but persuaded the pursuer not to insist in the production of the said warning.

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