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Scottish Court of Session Decisions |
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You are here: BAILII >> Databases >> Scottish Court of Session Decisions >> The Laird of Lagg v Alexander Wauch of Shaws. [1634] 1 Brn 204 (20 November 1634) URL: http://www.bailii.org/scot/cases/ScotCS/1634/Brn010204-0475.html |
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Subject_1 DECISIONS of the LORDS OF COUNCIL AND SESSION reported by SIR ROBERT SPOTISWOODE OF PENTLAND.
Subject_2 Such of the following Decision as are of a Date prior to about the year 1620, must have been taken by Spotiswoode from some of the more early Reporters. The Cases which immediately follow have no Date affixed to them by Spotiswoode.
Date: The Laird of Lagg
v.
Alexander Wauch of Shaws
20 November 1634 Click here to view a pdf copy of this documet : PDF Copy
The Laird of Lagg, in a removing pursued by him against Alexander Wauch of Shaws, clothed himself with a comprising of one David Welsh, which he had led against Thomas Wauch, the defender's father. It was Alleged, That Lagg behoved to say that David Welsh was seised, by virtue of his comprising, during
the life of Thomas Wauch; for the comprising being a sentence, (said they,) all execution upon it must cease, while it were transferred, if the parties against whom it was pronounced be deceased. The Lords repelled the allegeance, and thought it sufficient to take sasine upon that comprising at any time after the man's decease, for they thought the comprising an execution rather of a sentence than the sentence itself. Page 42.
The electronic version of the text was provided by the Scottish Council of Law Reporting
