Subject_1 DECISIONS of the LORDS OF COUNCIL AND SESSION, reported by SIR JOHN LAUDER OF FOUNTAINHALL.
Rothes v. Campbell
Date: 25 January 1693
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The Countess of Rothes, and the Lord Haddington, her son, against Thomas Campbell, Deacon of the Fleshers, in Edinburgh, for summarily removing, at Candlemas next, from the Park of Holyrood-house, whereof he had a tack, and gave it over, complaining he was a loser; and now being set to Alexander Ramsay, he refuses to remove.
Alleged, He was not bound hoe ordine to answer upon a bill per modum simplicis quœrelœ without a formal process and citation, not being a member of the Session.
Answered, This was the King's Park, and he had dolore given it over, and on printed programs they had rouped and set it to another, and so were liable in warrandice, and the case required summary dispatch.
The Lords refused to oblige him to answer in this manner; but thought the Countess could pursue him before the Sheriff of Edinburgh, and soon obtain a decreet against him, on her proving his overgiving.
