Citation in Process at the Instance of a Legatee. - At the instance of an Assignee. - In Process of Locality. - Of Pension. - Of Declarator of Extinction or Payment.
The Earl of Roxburgh v. Kinneir, Minister
Date: 16 January 1663 Case No. No 39.
Citing of tenants is not sufficient, where the master is most concerned, as in obtaining a decree of locality.
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Mr Andrew Kinneir, minister at Calderclear, in anno 1650, obtains a decreet of locality against his parishioners, and namely against the Earl of Roxburgh, for his lands of Auchniounselhill and Millburnhead, which are burdened with a locality far above their proportion of rent. The decreet was suspended in the Englishes time, upon this reason, That the Earl was neither called nor compearing, and the decreet was given to his very great prejudice. The English Judges nevertheless found the letters orderly proceeded. The Earl intents a review upon the same reason.—It was alleged, That the decreets of the Commission for plantation, &c. were declared to be decreets of Parliament, and the tenant of the land was cited.—It was answered, That in all judicatories whatsomever, decreets against parties must be given upon citation, otherwise they are null; and this nullity is receiveable before the Judge Ordinary; and the citing of a tenant is not sufficient where the master is most concerned.
