Solemnities requisite in the execution of diligence. - Purification of condition debts.
Gordon v. The Laird of Lee and Others
Date: 15 January 1680 Case No. No 39.
Executions of a summons, whereby several parties were cited to several terms by the first citation, were not sustained till one term was inserted for all.
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Gordon of Nethermoor having adjudged the lands of Tarbrax from Dame Anna Lockhart, did thereupon pursue a reduction of a tailzie granted by William Lockhart of Tarbrax her brother, providing his estate “to him and the heirs of his own body; which failing, to Lee and his heirs,” as being done in lecto. The defender alleged no process, because parties necessary to be called, were cited at several diets by the first citation, which if it should be mended, and a day inserted for them all, there will not remain free days for the second citation, conform to the act of Parliament, which the execution produced can admit, and fixed form will not admit different days of compearance in the same cause, when there is one conclusion against all that are cited. It was answered, That there was no law requiring one day of compearance for all parties in the summons, and though it hath been so ordinarily, yet it cannot be shown, that ever a summons was casten for the contrary.
The Lords refused to sustain the different days of compearance, but allowed the day of compearance for all to be inserted, so as it would answer for all the executions, and that the same might be continued and a diligence granted for a second diet to all the defenders.
