Subject_1 DECISIONS of the LORDS OF COUNCIL AND SESSION, reported by SIR JOHN LAUDER, LORD FOUNTAINHALL.
The Countess of Dundie v. The Town of Dundie
Date: 13 July 1670
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The Countess, as donatrix to her husband's liferent escheat, (who was superior to sundry lands holden by the town of Dundie of him,) pursues the town and magistrates thereof, to pay to her the feu-duties of these lands, with the mails and duties of the mill of Baldovin, wherein her husband was infeft.
Alleged,—They offered to prove they were infeft, and seven years in possession of that mill, by virtue of their right before the intenting of this cause.
Answered,—They could not be heard, unless they condescend by whom they are infeft, for if any such infeftment be, it is offered to be proven the same is only subaltern, and proceeding from my Lord Dundie's own predecessors.
Replied,—They needed not condescend; because it being notour that the whole evidents of that town were burnt, and the town having made their application to the Parliament, they ordained in all pursuits, either for or against Dundie, it should be lawful to them to make up their writs so lost by sic adminicles as they could find, without putting them to the necessity of proving their tenors.
They are ordained before answer to produce their act of Parliament, and hincinde to produce all such writs as may tend to clear the cause.
Act. Lermonth and Lockhart.Alt. Dinmuire and M'Keinzie.
Advocates' MS. No. 74, folio 82.
