Scottish Court of Session Decisions

Subject_1 DECISIONS of the LORDS OF COUNCIL AND SESSION, reported by SIR ALEXANDER GIBSON, OF DURIE.

The Laird of Horseburgh
v.
Frank

Date: 18 March 1630

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Frank, upon his infeftment, having obtained decreet against the possessors of a tenement in Peebles, for payment of the maills thereof to him of the year 1627; in the which decreet the Laird of Horseburgh compearing, and admitted for his interest, proponed defences, which were discussed, and sentence given, he compearing; and this decreet being suspended upon double poinding against the obtainer and the Laird of Horseburgh, who proponed other defences, and produced other rights to the lands than these which were proponed and produced for him in that other process; and the other party, opponing his decreet given against him, compearing;—the Lords found, in respect of the foresaid decreet given against him compearing, at the which time the defences upon the right now produced were then competent, and were not then proponed; therefore being then competent, and omitted, that it ought not now to be received. Therefore repelled the same, and ordained the obtainer of the sentence to be answered and obeyed.

Act. ——. Alt. Barnet, major. Hay, Clerk.

Vid. 20th December, 1622, Knox, and the other cases there; 19th March 1628, Lamb against Blaikburn; 28th February 1628, Glen.

Page 507.