Scottish Court of Session Decisions

Subject_1 DECISIONS of the LORDS OF COUNCIL AND SESSION. reported by ALEXANDER TAIT, CLERK OF SESSION, one of the reporters for the faculty.
Subject_2 FORM OF PROCESS.

Coltart of Arreeming
v.
Maxwell of Nithsdale, &C

Date: 24 February 1778

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Except in the two cases mentioned in the regulations 1695, § 17, unless there is special authority, no partial decreet can be extracted; or, in other words, no decreet can be extracted in parts. Coltart of Arreeming brought a process of non-entry against Maxwell of Nithsdale, and many other defenders, concluding that they were his vassals, and were liable in full maills from the citation. After a very tedious litigation, the Lords finally found so; i. e. That the defenders held their lands of Mr Coltart: but they gave the full maills only from the date of the interlocutor. Two of the defenders reclaimed, and insisted that they were sub-feuars, and held their lands not of Mr Coltart, but of Walker, one of the feuars. The Lords remitted their petition to an Ordinary to hear further upon them. Mr Coltart, having appealed as to the decision on account of the restriction of the maills and duties, applied to the clerks for an extract of the decree against all the defenders except the two who had reclaimed. The clerks offered an extract of interlocutors, but they hesitated to give it out as a decreet, the process not being at an end, and the exception of the two reclaiming sub-feuars going to the principal libel. But, upon a petition presented by Mr Coltart, and intimated, the Lords allowed the extracted decreet to be given out as to the whole defenders except the two above-mentioned.