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Walter Hay v Mark Ker. [1627] Mor 12131 (16 March 1627)
URL: http://www.bailii.org/scot/cases/ScotCS/1627/Mor2812131-247.html
Judicial Steps, how far under the Power of Parties, to be retracted, altered, or amended.
Walter Hay v. Mark Ker
Date: 16 March 1627 Case No. No 247.
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Walter Hay pursued Mark Ker for ejecting him and his tenants out of the lands of Catcume, albeit the action was prescribed by the act of Parliament 1579. Answered, That he restricted his summons to intrusion, and to the ordinary profits. The defender contended, That he could not turn his libel of ejection into intrusion, seeing that he was tutus from his ejection præscriptione trium annorum, and so was not obliged to answer to any new made up libel, until he were of new summoned: Yet the Lords sustained the reply, as they had done not fourteen days before betwixt James Mowat and Mr Thomas Davidson, who was convened by James for ejecting him out of the Procurator Fiscalship of Aberdeen, to whom was permitted likewise to turn over his libel into intrusion.
Fol. Dic. v. 2. p. 198. Spottiswood, (Ejection.) p. 92.
*** Durie's report of this case is No 265. p. 11069. voce Prescription.
