Subject_1 DECISIONS of the LORDS OF COUNCIL AND SESSION, reported by SIR JOHN LAUDER OF FOUNTAINHALL.
Hill v. Cuthbertson and Gardner
Date: 30 November 1692
Click here to view a pdf copy of this documet : PDF Copy
Hill in Queensferry against Cuthbertson and Gardner. The Lords found the act wrong in assigning a day to the tenants to depone ut constet de debito, before the defences upon the interest of parties were discussed; and that the certification against the bond, (which was the ground of the apprising on which the mails and duties were craved,) was only in the terms of a naked reduction of cassing and annulling, though improbation was also libelled in the summons, though the clerk at extracting had omitted that part in the certification contra non producta, to declare them false and feigned; and, therefore, the Lords found they ought to be reponed yet against that certification, on producing the bond, and paying the expenses. But a new point occurred to the Lords, that this bond, not produced, was not the principal bond, but a decreet making up its tenor, to which thir parties were not called; and, therefore, allowed them yet to be heard as in libello why the tenor of the said bond was not proven, as also against the relevancy, adminicles, casus amissionis, and probation.
