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You are here: BAILII >> Databases >> Scottish Court of Session Decisions >> The Tenants of Rippet v The Earl of Home and Mary Johnstoune. [1649] 1 Brn 428 (6 December 1649)
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Subject_1 DECISIONS of the LORDS OF COUNCIL AND SESSION, reported by ROBERT MACGILL, LORD FOORD.
Date: The Tenants of Rippet
v.
The Earl of Home and Mary Johnstoune
6 December 1649 Click here to view a pdf copy of this documet : PDF Copy
In the suspension of double pounding at the instance of the Tenants of Rippet against the Earl of Home, and Mary Johnstoune, relict of Mr James Thomsone,—the Lords preferred the said Mary in judicio possessorio; because, by virtue of her contract of marriage, she and her umquhile husband had been in possession as having right from Archibald Thomsone, her father-in-law, and John Stewart of Coldinghame; likeas, in a prior suspension, the letters were found orderly proceeded: the Earl of Home, his procurators, having produced nothing. And suppose having produced now, they did allege that, by a decreet in the 1643, the said Earl of Home was reponed to all the teinds of Coldinghame, for satisfaction of £300 sterling; in payment whereof the said John Stewart, and others obliged, had failyied: the said Archibald Thomson being called, but not his son nor good-daughter, who were in possession.
Page 81.
The electronic version of the text was provided by the Scottish Council of Law Reporting