Scottish Court of Session Decisions

Subject_1 DECISIONS of the LORDS OF COUNCIL AND SESSION, reported by SIR GEORGE AUCHINLECK OF BALMANNO.
Subject_2 The following CASE, and those in the preceding pages, marked as taken from 2d MS. are not found in the MS. followed by Mr Morison, while printing in his Dictionary the Cases from Auchinleck referred to in the Folio Dictionary by Lord Kames.

Mr Archibald Moncreiff
v.
The Laird of Balnagown and His Vassals

Date: 23 July 1629

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In the same action, [See Moncreiff against Balnagown, &c. 11th July 1629; supra p. 292.] it was alleged, That the said Mr Archibald Moncreiff, compriser, could have no action for the maills and duties of the lands comprised; because he was not infeft upon his comprising. To the which it was answered, That the defenders had no place to allege this exception; because the comprising was deduced, against themselves and their lands, for their own proper debt, and there was no other party contending with the pursuer, who could allege a real right to the land, but only the defender. The Lords repelled the exception in respect of the reply.

2d MS. Page 32.