Subject_1 DECISIONS of the LORDS OF COUNCIL AND SESSION, reported by SIR JOHN LAUDER OF FOUNTAINHALL.
Lady Scotstown and Colquhon of Tullyquhen, her Trustee, v. David Drummond of Innermay
Date: 23 November 1692
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Rankeilor reported Colquhon of Tullyquhen, and Lady Scotstown against Drummond of Innermay, about the reduction of Stewart of Rosyth's disposition to Innermay ex capite lecti. The Lords, notwithstanding their late act of sederunt, explaining what was to be esteemed going to kirk and market, yet could not determine the relevancy of the acts, but only, before answer, allowed either party to adduce what probation they could, anent the condition of his health or sickness at the time he subscribed this disposition now quarrelled, and anent his going to kirk or market, or to the election of commissioners; but did not determine whether they would receive equipollent acts to going to kirk and market, and what acts they would esteem as such, but left that to the probation; for certainly one's riding post to London is more than his going to kirk and market. And allowed them also to prove the manner of his supportation when he performed these acts; but thought there behoved to be a more pregnant qualification of his being supported here, than in other cases, because Rossyth was lame from his youth, and ever used a staff, and after a fall from a horse, used also a stilt. But all was reserved to the advising.
