Subject_1 DECISIONS of the LORDS OF COUNCIL AND SESSION, reported by SIR JOHN LAUDER OF FOUNTAINHALL.
The Earl of Tarras v. Sir John Dempster of Pitlever
Date: 10 January 1693
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The Lords advised the debate between the Earl of Tarras and Sir John Dempster of Pitlever. The Lords, before answer, whether this was true and real payment made by Sir John, to the Earl of Seaforth, donatar, ordained Sir John to depone if he made actual payment, or if it was a transaction, and what was the nature of it, in presence of Keery of Gogar, and Sir Patrick Murray, who were communers at the agreement. Some of the Lords were for declining themselves in this case, as they had done between Middleton and Waterside; others for superseding to give answer till the Parliament met, at least, to the 12th of February, which is two days after the day to which it is now adjourned; as they had done in Scott of Vogrie's case against Sir Duncan Campbell of Auchinbreck. But the Lords had formerly sustained themselves Judges, and given sundry interlocutors in this cause; so the act, before answer, was agreed upon.
