Scottish Court of Session Decisions

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

Patrick and Henry Humes
v.
Rentoun of Lambertoun

Date: 3 December 1679

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The Lord Rentoun, Justice-Clerk, having obtained decreet against umquhile Lambertoun, as having intromitted with his woods and rents in anno 1638, and not having counted therefor to the public; and thereupon having apprised Lambertoun's estate, and having disponed the right to Mr Patrick and Henry Humes: Lambertoun gives in a bill of suspension of the decreet, with a reduction thereof, and of the apprising following thereon, upon this reason, That it was unwarrantably extracted, omitting the material interlocutor, viz. That if, betwixt and such a time, 18,000 merks were paid, it should be accepted for the whole sum contained in the decreet: which was referred to the knowledge of some of the Lords. And he, not adverting thereunto at the extracting, and not satisfying the said sum within that certain time, Lambertoun being then a pupil; he ought now to be restored.

The Lords repelled this reason; and found that the decreet could not be altered upon the memory of any of the Lords, except de recenti.

Vol. II, Page 716.