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You are here: BAILII >> Databases >> Scottish Court of Session Decisions >> Patrick Leith of Whythaugs v Alexander Gairden of Troup, and Others. [1666] 1 Brn 528 (14 July 1666)
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Subject_1 DECISIONS of the LORDS OF COUNCIL AND SESSION, reported by SIR JOHN BAIRD OF NEWBYTH.
Date: Patrick Leith of Whythaugs
v.
Alexander Gairden of Troup, and Others
14 July 1666 Click here to view a pdf copy of this documet : PDF Copy
In a reduction, pursued at Patrick Leith's instance of Whythaugs, against Alexander Gairden of Troup, and others; the probation being closed and renounced, and the clause being ready to be advised:—
The parties being called, It was contended, that the Lords could not proceed to the advising of the cause, because John Lyon of Muiresk, one of the parties called in the process, was dead, and therefore the advising behoved to sist till the process wrere transferred against the apparent heir.
Which the Lords found behoved so to be.
Page 75.
The electronic version of the text was provided by the Scottish Council of Law Reporting