Scottish Court of Session Decisions

Subject_1 DECISIONS of the LORDS OF COUNCIL AND SESSION, reported by SIR GEORGE AUCHINLECK OF BALMANNO.

James Home of Coldingknowes
v.
Anna and Jean Home, and the Lords Doun and Maitland

Date: 17 March 1636

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In an action of transferring pursued by James Home of Coldingknowes against Dames Anna and Jean Homes, and the Lords Doun and Maitland, their spouses, for their interests,—for transferring of the contract of tailyie made betwixt the deceased Alexander Earl of Home, their father, and the deceased Sir John and Sir James Homes of Coldingknowes, against the said ladies and their spouses passivè,—it was alleged, dilatorie, That the summons, since the first execution, was eiked. It was answered, That the defender's procurator had seen the summons since they were eiked. Which dilator was repelled. 2do. The said summons, whereby the said ladies were charged to enter heir to their brother and father, was cut, and a new sheet put in above the signet, whereby the charge was vitiated; which cutting is forbidden by an Act of Sederunt. It was thereto answered, That the charge did agree with the warrant of the signet; and the said sheet was written over, for some lines that had been negligently written wrong by the writer; and the pursuer's procurators offered to abide by the verity of the deed, both of the summons and executions. Whereupon the writer and messenger were both examined in presentia; and so this dilator was also repelled.

2d MS. Page 227.