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Subject_1 DECISIONS of the LORDS OF COUNCIL AND SESSION, reported by ROBERT MACGILL, LORD FOORD.
Date: Maxwell of Broomeholme
v.
William Irving
5 January 1650 Click here to view a pdf copy of this documet : PDF Copy
In the action of spuilyie pursued by Maxwell of Broomeholme against William Irving, it was excepted, That the defender did no wrong, because he meddled with those goods auctore prætore, by warrant from the Earl of Heartfell and the Laird of Hempsfeild, who were colonels in the shire, and make mention, in their precepts, that they had warrant from the Estates in the beginning of the troubles; likeas the act of oblivion freed all such wrongous intromission, except where there were notorious thieves and robbers. Which was sustained, for the speces and quantity of goods contained in those warrants proceeding from the colonels; but prejudice to the pursuer to suit the colonels, if they had no warrant from the Estates; notwithstanding it was alleged, for Broomeholme, that he had, in the year following, a decreet of the committee of Estates for restoring him to his lands and goods: because that decreet was only given in odium contumaciæ; neither parties nor witnesses compearing, although they were summoned by a messenger.
Page 139.
The electronic version of the text was provided by the Scottish Council of Law Reporting