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 >> Ryburn v The Laird of Hysleheade. [1629] 1 Brn 298 (11 December 1629)
URL: http://www.bailii.org/scot/cases/ScotCS/1629/Brn010298-0776.html
[New search] [Printable PDF version] [Help]
Subject_1 DECISIONS of the LORDS OF COUNCIL AND SESSION, reported by SIR GEORGE AUCHINLECK OF BALMANNO.
Date: Ryburn
v.
The Laird of Hysleheade
11 December 1629 Click here to view a pdf copy of this documet : PDF Copy
Ryburn, against whom the Laird of Hysleheade had obtained a decreet of improbation of all and haill his rights and evidents of a merk-land, seeks, by summons, to be reponed against the decreet, and that he might yet be heard to produce all his rights, because he was dwelling in Ireland the time of his citation; and alleged that the pursuer was in pessima fide to pursue him for improbation, seeing the Laird of Hysleheade had himself entered the pursuer in the said merk-land, by a precept of clare constat, ready to be produced. It was answered by Hysleheade, That all parties having interest were not called, viz. the king's advocate, at whose instance the decreet of improbation was given. The Lords found it necessary to summon the king's advocate.
Page 186.
The electronic version of the text was provided by the Scottish Council of Law Reporting