Scottish Court of Session Decisions

Subject_1 DECISIONS of the LORDS OF COUNCIL AND SESSION, reported by SIR JOHN BAIRD OF NEWBYTH.

The Laird of Wolmet and Major Biggar
v.
The Laird of Swintoun and the Earl of Lauderdale

Date: 24 November 1664

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In an action of reduction of a certification obtained at the Laird of Swintoun's instance, against the Laird of Wolmet and Major Biggar, before the usurpers, but lay over till the year 1665, at which time the summons being wakened against Swintoun;—the Earl of Lauderdale was likewise called, who was come in Swintoun's place, being reponed against his forefaulture; whereof Swintoun had gotten the gift from the usurpers, and so had right to the lordship of Musselburgh, whereof the lands of Wolmet held feu. It was alleged for the Earl of Lauderdale, That the summons against him ought to be continued. The Lords sustained process, and found no necessity to Major Biggar to continue the wakening againt the Earl of Lauderdale; in regard the principal summons of reduction was executed in the usurper's time against Swintoun, according to the form then in use, in whose person the right of the certification then stood; and that Lauderdale was now only called for his interest, in respect of his supervenient right.

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