Scottish Court of Session Decisions

Subject_1 DECISIONS of the LORDS OF COUNCIL AND SESSION. Collected By James Burnett,Lord Monoboddo .
Subject_2 COMPLAINT FROM STIRLINGSHIRE.

Count Antonio Lesly
v.
Grant

Date: 17 January 1758

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The said Grant took out brieves to be served nearest Protestant heir to the estate of Balquhain; Count Antonio Lesly proponed improbation of the execution of these brieves.

The President was of opinion, and the majority of the Court seemed to be of his mind, that such improbation could only be proponed sub periculo causæ: so, he said, it had often been decided, particularly in cases of election of burghs, and it would be very hard if such a cause as this could be delayed, perhaps for years together, at the expense of L.40 Scots, and in the meantime the person claiming to serve might die; he therefore proposed that the service should in the meantime go on, leaving it entire to Count Antonio to reduce the whole procedure, in case he can prove the execution to be false. The reason why improbation could not be proponed in this case, sub periculo causæ, was, that Count Antonio's factory and commission to Mr Dundas, his doer, did not empower him to play so deep a game; and therefore the President's proposal was unanimously gone into.

N.B. A reclaiming bill was offered against this interlocutor, upon advising of which, with answers, the Court unanimously adhered.