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.

Thomas Stark of Achinvoill
v.
Alexander Bruce

Date: 18 December 1630

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Sir John Bruce of Airth, being infeft as heir to his father in the superiority of certain lands within Monkland, holding by him again of Sir James Cleland; by contract betwixt him and Thomas Stark of Achinvoill, dispones the superiority of the said lands to the said Thomas, and obligeth himself and his heirs to resign the said superiority in Sir James Cleland's hands, for a new infeftment to be given thereof to the said Thomas. Before Thomas is seised in the said superiority, Sir John Bruce died, and Thomas, having charged Alexander Bruce to enter heir to his father Sir John, gets the foresaid contract registrat against Alexander, as lawfully charged to enter heir to his father. After this he charged Alexander for fulfilling of the contract, and denounced him at the horn; and, having done all the diligence he could to get himself infeft, at last he summoned the director of the chancery to compear before the Lords, and to hear and see him decerned, by their decreet obtained, to direct precepts out of the chancery for infefting of the said Thomas in the said superiority, in respect that Sir James Cleland had resigned the said superiority in the king's hands, by which his majesty was Sir James Bruce's immediate superior of the said superiority. The Lords sustained the summons, notwithstanding that the said Alexander was not infeft himself; for they thought the pursuer could do no more than he had done, and so the next superior should supply the contumacy of Alexander.

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