Subject_1 DECISIONS of the LORDS OF COUNCIL AND SESSION, reported by SIR JOHN LAUDER OF FOUNTAINHALL Subject_2 SUMMER SESSION. 1686 and 1687.
Janet Alison v. George Shiell
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1686. January 15.—Janet Alison, relict of Adam Steven, against Mr George Shiell, minister at Prestonhall. He having taken out a diligence after the 1st of November last, (which was the day to which it was granted,) it was objected against. He alleged,—It was formal and tempestive enough to execute it any time before she extracted the act; and circumduced the term against him; as had been decided betwen Sir Alexander Forbes and Tolquhon.
This being reported by Saline, the Lords had no regard to the diligence, as not being debito tempore executed; but, ex gratia, allowed him to the 1st of February to adduce and close his probation, and to procure what writs and documents he was to make use of, to prove the inventary of the testament was exhausted, or that the debtors were irresponsal. Vide 22d January 1687.
Vol. I. Page 392.
1687. January 22. —In Janet Alison's charge against Mr George Shiell, mentioned 15th January 1686; he offering assignations to debts, and she refusing them now, seeing he had not done diligence for many years; the Lords, at advising the cause, allowed Mr George Shiell, suspender, to assign, to the charger, as many of the debts contained in the inventary of the testament, as may satisfy the sum modified for her legacy, deducing a proportional part of the expenses of confirmation, and other necessary expenses debursed by him, at the sight of the Lord Redford, who heard the cause; the suspender always proving that the debtors in these sums are as responsal now as they were at the time of the confirmation; and ordain the diligence that shall be done by the charger, for recovery of these sums, to be upon the suspender's expenses.
