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Subject_1 DECISIONS of the LORDS OF COUNCIL AND SESSION, reported by ROBERT MACGILL, LORD FOORD.
Date: The Laird of Genkindie
v.
Francis Hay
8 January 1650 Click here to view a pdf copy of this documet : PDF Copy
In the action pursued by the Laird Genkindie against Francis Hay, for the duty of some lands alleged set by him to the said Francis, it was excepted, That there was no tack produced to instruct his interest: Who replied, That the tack was in the defender's hand, and was a mutual evident, suppose there was not a double thereof; likeas the duties might be craved of him, as he who entered in possession, and set part of the lands to some sub-tenants: as also, that the tack itself was procured by some of the defender's friends of the name of Hay, inserted witnesses therein, whereof one is dead and another yet on life; likeas the same tack was produced before the committee at Aberdeen, to make him free of the proclamation whereby Haddoe's tenants were ordained to return to their own possessions; and the defender, after that, taking more lands from Haddoe's friends, took them obliged to free him of the foresaid tack. Yet the Lords would not give answer; because it seemed to be a making up of a new tack, which ought to have been by a summons for proving of the tenour: but, before any answer making, they thought good to examine, ex officio, the witness inserted who lives, together with the Laird of Eacht and Mr James Baird.
Page 142.
The electronic version of the text was provided by the Scottish Council of Law Reporting