Subject_1 DECISIONS of the LORDS OF COUNCIL AND SESSION, reported by SIR JOHN LAUDER OF FOUNTAINHALL Subject_2 SUMMER SESSION.
The Duke of Lauderdale v. The Earlof Twedale
1678.
January25and
26.
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Thir two days were wholly consumed almost in the Inner-House (yea, they sat till one o'clock, which some affirmed unlawful,) in advising the Duke of Lauderdale's action against the Earl of Twedale, about the teinds of Pinky, within the lordship and regality of Mussleburgh, in which there were three points; one of the tack, another of the heritable disposition, and if it was annexed property, and the third was, if it was prescribed, since, in the English usurpation, the Duke of Lauderdale was nec valens, nec volens, nec potens agere. Of this see more alibi in thir collections.
