Scottish Court of Session Decisions

Subject_1 DECISIONS of the LORDS OF COUNCIL AND SESSION, reported by SIR JAMES DALRYMPLE OF STAIR.

The Laird of Cunninghame-Head
v.
The Earl of Lowdoun

Date: 15 November 1676

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The Laird of Cunninghame-Head,—having procured a joint right to the first apprising of the estate of Lowdoun, led by Mr Livingstoun his son and heir,—pursues for maills and duties effeiring to his proportion; and several interests of other parties being produced, there was an auditor named to discuss the same. There is now a supplication given in for Cunninghame-Head, representing, That the Earl of Lowdoun's advocates, by dropping in of seasines of several parties from time to time, without warrant from these parties, had delayed the process for several years; and therefore desired that no further delay should be upon that account.

The Lords ordained intimation to be made, that all parties pretending interest might produce such interests as were in town; and that none should be admitted but upon the pursuer's declaring, upon oath, that they were employed by the parties to whom these rights belonged; with certification, that no other should be admitted, before sentence, to stop this decreet.

Vol. II, Page 464.