Subject_1 DECISIONS of the LORDS OF COUNCIL AND SESSION, reported by SIR JOHN LAUDER OF FOUNTAINHALL Subject_2 WINTER SESSION. - Anni 1973.
Alexander Ritchie v. Wauchop of Dreghornie
1676.
January.
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Alexander Ritchie having obtained a decreet for poinding of the ground of the lands of Dreghornie, upon an infeftment of annualrent furth thereof, (which vide supra, the 24th of July, 1668;) and Wauchop of Dreghornie having granted a base infeftment and disposition of his property to his son in familia, before the heritable bond; and Ritchie having raised reduction thereof upon the 105th act in 1540, and Dury, 17th July, 1635, Craighall contra Bothwell: it fell to be doubted, how the son should be summoned on the reduction, since his father concealed and abstracted him, so that they knew not where he stayed.
The Lords, upon a bill given in to them, inclined to find he might be summoned at his father's dwelling-house, at the Market-cross of Hadinton, within which it lay, at the chamber where he resided when he came to Edinburgh, and at the Market-cross of Edinburgh and pier and shore of Leith, or other such particular places as he was known to haunt, frequent, or resort to formerly, since he was latitans et vagabundus; and that they would sustain it as equivalent to a citation given personally, or at his dwelling-house. See Hadington, 7th December, 1622, Jamieson contra Ker.
