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Scottish Court of Session Decisions


You are here: BAILII >> Databases >> Scottish Court of Session Decisions >> The Creditors of the Earl of Mortoune, Supplicants. [1649] 1 Brn 418 (8 November 1649)
URL: http://www.bailii.org/scot/cases/ScotCS/1649/Brn010418-1120.html

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[1649] 1 Brn 418      

Subject_1 DECISIONS of the LORDS OF COUNCIL AND SESSION, reported by ROBERT MACGILL, LORD FOORD.

The Creditors of the Earl of Mortoune, Supplicants

1649. November 8 and 9.

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There was a bill given in by the creditors of the Earl of Mortoune, That, in respect he dwelt in Orkney, where rebellion against the estates was reported to have been moved; likeas, the estates used proclamation against him and others, his complices, for repressing the same; and the said creditors being to cite him, apprehended to do it personally or at his dwelling-house, quod non daretur tutus accessus, but craved of the Lords that they might do the same at the cross of Edinburgh and pier and shore of Leith. Which they found could not be done by the laws; yet granted, that, in reforming their supplication, they should seek him to be cited at the head burgh of the next adjacent shire ubi pateret accessus tutus, as was ordained in the like cases anent citation of Highlanders and Islesmen, rebels, together with an intimation to be made to his procurators; Jam. VI, Parl. —.

Page 63.

The electronic version of the text was provided by the Scottish Council of Law Reporting     


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URL: http://www.bailii.org/scot/cases/ScotCS/1649/Brn010418-1120.html