Subject_1 DECISIONS of the LORDS OF COUNCIL AND SESSION, reported by SIR JOHN LAUDER OF FOUNTAINHALL Subject_2 SUMMER SESSION.
Alexander Auchmouty v. The Earl of Dumfermline and his Tenants
Date: 10 January 1679
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Mr Alexander Auchmouty pursues the Earl of Dumfermline and his Tenants. Alleged,—The process being raised in the last Earl's lifetime, it ought to be transferred against this Earl. The Lords, upon the report of Newbyth, found no necessity of transferring, because the pursuer was insisting against his own tenants; and Dumfermline's procurators had proponed an exception of payment; and now to allege that it ought to be transferred, was to propone a dilator after a peremptor, which is against all form: and his brother was only called pro intercsse. See Dec. 1677, Dumfermline.
