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 Goodman of New-Liston
v.
The Heritors of Old-Liston

Date: 26 November 1630

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In an improbation, pursued by the Goodman of New-Liston against a number of the heritors of the barony of Old-Liston, it was alleged, That one of the defenders, whom the pursuer had summoned as apparent heir to one of his predecessors, was dead out of the country. For proving, the defender craved to have terms assigned to him. The pursuer replied, It, being a dilator, ought to be proven instanter. The Lords would not give him terms to prove it; but found that, at any time betwixt and the last diet for the production assigned to the rest of the defenders, if he proved it, no certification should be granted for the writs granted to him and his predecessors; otherwise, if he proved it not betwixt and then, to produce at the last diet, with the rest.

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