Subject_1 DECISIONS of the LORDS OF COUNCIL AND SESSION, reported by SIR JOHN LAUDER OF FOUNTAINHALL.
Patrick Wardlaw of Westerton v. Margaret Paterson, Lady Blackcastle
Date: 8 November 1693
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In the complaint given in by Patrick Wardlaw of Westerton, against Margaret Paterson, Lady Blackcastle, the Lords reponed him against the act, he paying immediately the £9 of expenses formerly modified; and allowed him to adduce witnesses to prove it was a separate tenement, and not part and pertinent of her land, which she had adjudged; with this quality, that it should not stop the advising of her probation when it should come in by the course of the roll; and allowed her, medio tempore, either to adduce new witnesses or reexamine the same, as she pleased: but refused his desire of examining them upon the ground of the lands; seeing this was no perambulation about meiths and marches, and they could give their causa scientiœ as well at Edinburgh as there, and that the pursuer's witnesses were brought to town; and therefore he, after an act extracted, ought not to be indulged that favour.
