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You are here: BAILII >> Databases >> Scottish Court of Session Decisions >> Pollock Maxwell, &c. v Gray of Crichie. [1687] 2 Brn 105 (00 February 1687)
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Subject_1 DECISIONS of the LORDS OF COUNCIL AND SESSION, reported by SIR ROGER HOG OF HARCARSE.
Pollock Maxwell, &c
v.
Gray of Crichie
1687 .February .Click here to view a pdf copy of this documet : PDF Copy
A summons of adjudication being raised, at the instance of Hugh Wallace, cash-keeper, against several persons fined by the council, and the execution apart bearing Hugh Wallace, the pursuer, and relating to the summons;—it was alleged for the defenders, That, by the late act of Parliament, all summonses not designing the pursuer and defender, are null. Answered for the pursuer, The
pursuit is for the King's behoof, whom the negligence of his officers cannot prejudge. Replied, The King is denuded in favours of donatars. The Lords sustained the defence on the Act of Parliament; but allowed the pursuers to help the execution, or produce a new one. Vide No. 927, [Crichy Gray against Pollock Maxwell, July, 1687.] Page 260, No. 924.
The electronic version of the text was provided by the Scottish Council of Law Reporting