Freely Available British and Irish Public Legal Information
[Home] [Databases] [World Law] [Multidatabase Search] [Help] [Feedback]
Scottish Court of Session Decisions
You are here: BAILII >> Databases >> Scottish Court of Session Decisions >> Sir John Home v The Feuars of Coldinghame. [1668] 1 Brn 545 (7 January 1668)
URL: http://www.bailii.org/scot/cases/ScotCS/1668/Brn010545-1405.html
[New search] [Printable PDF version] [Help]
Subject_1 DECISIONS of the LORDS OF COUNCIL AND SESSION, reported by SIR JOHN NISBET OF DIRLETON.
Date: Sir John Home
v.
The Feuars of Coldinghame
7 January 1668 Click here to view a pdf copy of this documet : PDF Copy
In a process at the instance of Sir John Home of Rentoun, Justice-Clerk, against the feuars of Coldinghame; the defenders offered to improve the executions.
It was answered, They could not be heard, unless they would propone the said allegeance peremptorie; but that the same should be reserved by way of action.
The Lords, for avoiding the multiplying of processes, obliged them to propone the exception of improbation peremptorie: but the same being prior natura, and competent to be proponed before any other in meritis causæ;; and yet being now proponed peremptorie, in form of process, being the last of exceptions; —The Lords admitted the defenders to propone their other exceptions, and reserved that to the last place.
Page 52.
The electronic version of the text was provided by the Scottish Council of Law Reporting