Subject_1 DECISIONS of the LORDS OF COUNCIL AND SESSION, reported by SIR JOHN LAUDER OF FOUNTAINHALL Subject_2 SUMMER SESSION.
The Countess of Traquair and Marquis of Queensberry v. The Earl of Southesk
1682.
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January 18.—In the count and reckoning betwixt the Countess of Traquair and Marquis of Queensberry against the Earl of Southesk; the Lords, on Harcous's report, found Southesk's entry to the lands was in 1653, and that the rental by which he must account is that which was given in by Burnet; except for the years 1674 and 1675, wherein, through a violent storm, there was a great death of cattle. Vide 11th Feb. 1682.
Vol. I. Page 170.
February 11.—The Lords, on Newton's report, assoilyied from the ejection, because it was done auctore prætore; though the sheriff's decreet of removing, whereon it proceeded, was afterwards reduced; and that quia res judicata (as long as it stands,) pro veritate habetur.
