Subject_1 DECISIONS of the LORDS OF COUNCIL AND SESSION, reported by SIR JOHN LAUDER OF FOUNTAINHALL Subject_2 SUMMER SESSION. 1682 and 1683.
Bailie of Torwoodhead, alias Lord Forrester, v. Edward Ruthven or Hugh Wallace
Click here to view a pdf copy of this documet : PDF Copy
1682. December 14.—At Privy Council, Bailie of Torwoodhead gives in a bill against Edward Ruthven, and the Lady Letham and others, for dispossessing him of the house and estate of Corstorphine, whereof he was heir of tailyie; and therefore he craved repossession, and delivery to him of the charterchest.
The Lords, in regard he was dispossessed by their own order, (vide supra, 18th September I679, Historical Volume, Letham Forrester,) therefore they refer him to pursue via ordinaria before the Session; but recommended it to the Lords to discuss it summarily.
The pretence of their not meddling with it was, that Edward Ruthven, then out of the country, was not cited; he is since dead, and any right he had falls to his two sisters.
Nota.—Torwoodhead, 30th March 1683, was repossessed in the house and yards; reserving the point of right to be discussed afterwards; and but prejudice of Hugh Wallace's comprisings thereof, which are reserved as accords.
Vol. I. Page 201.
1683 December 10.—Bailie of Torwoodhead, alias Lord Forrester, his debate with Hew Wallace, (mentioned 14th December 1682,) is reported by Pitmedden; and the Lords find that they will not continue Forrester's possession of that tenement lying in Forrester's Wynd, in Edinburgh, to him, as apparent heir of tailyie to James last Lord Forrester; because Hew Wallace instructed he was infeft in it; and therefore una voce found Torwoodhead behoved to warn him to remove at Whitsunday next.
