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Subject_1 DECISIONS of the LORDS OF COUNCIL AND SESSION, reported by ROBERT MACGILL, LORD FOORD.
Date: Scot of Hartwoodmyres
v.
Margaret Scot
13 July 1649 Click here to view a pdf copy of this documet : PDF Copy
In the suspension by Scot of Hartwoodmyres against Margaret Scot, his wife's only daughter of a former marriage, the eiked reason bearing, that the process must cease now against him; because the decreet in March 1637 was only against him pro interesse, which also was suspended by him the said year, and has lain over during the troubles, while, in the meantime, his wife is deceased; and so the process against him must sist. Whereunto it was replied, That res was not integra; and, not only a naked summons intented, but a decreet obtained and suspended by a long space, it not being long since his wife died, and justice in the meantime, interrupted, or the party not able to go on. Which the Lords inclined to sustain; but, as before in Skirving and Spence, would hear it in their own presence; and, in the meantime, ordained them to go on in the rest of the reasons.
Page 59.
The electronic version of the text was provided by the Scottish Council of Law Reporting