Judicial Steps, how far under the Power of Parties, to be retracted, altered, or amended.
M'Conald v. Laird of Maine's Mill
Date: 24 January 1633 Case No. No 265.
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Agnes M'Conald pursues the improbation of a bond made for astricting her lands to the Laird of Maine's Mill, which mill pertained before to Monro of Newton. After the whole diets of the ordinary and direct manner of improbation had run out, and rested to proceed in the indirect manner, the pursuer of the improbation of the said bond desires that she might be heard to propone a peremptory defence that will take away the said bond, viz. that the same is discharged by the party to whom it is granted, which defence or exception she should verify instanter, by production of the said discharge, and the proponer of the exception would give his oath that the discharge was lately come to his hands; which discharge being read in præsentia Dominorum, seeing the discharge was not clear enough to take away the bond, but ambiguous, and the proponer of the exception was not present at the bar, nor in the town to give his oath, that the discharge was lately come into his knowledge, the Lords would not receive the said exception, in respect of the state of the process, but ordained the pursuer to go on with his incident improbation.
