Subject_1 DECISIONS of the LORDS OF COUNCIL AND SESSION, reported by SIR JOHN LAUDER OF FOUNTAINHALL. Subject_2 This week I sat in the Outer-House, and so the observes are the fewer.
Sarah Johnston v. The Earl of Annandale
Date: 10 January 1699
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Sarah Johnston, having right to 2500 merks of a wadset granted by the Earl of Annandale's father to Lockerby, pursues a transferring of the said contract against this Earl passive, as representing the granter; and it being called summarily, it was objected,—It must abide the course of the roll. Answered,— By an Act of Sederunt in July 1688, transferrings are exemed from the roll. Replied,—These are transferrings of depending processes, but not of regístrate writs, as this is. Duplied,—The Act makes no distinction; et ubi lex non distinguit, nec nos.
The Lords considered such transferrings, or registration, were now little in observance; therefore ordered trial to be taken what has been the custom when such actions were insisted in,—whether they went to a roll; the ordinary process now in such cases being a summons on the passive titles.
