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Scottish Court of Session Decisions >>
Andrew Hamilton of Overton v Geills Hamilton and Agnes Brown. [1663] 2 Brn 302 (3 November 1663)
URL: http://www.bailii.org/scot/cases/ScotCS/1663/Brn020302-0587.html
Subject_1 DECISIONS of the LORDS OF COUNCIL AND SESSION, reported by SIR JOHN LAUDER LORD FOUNTAINHALL.
Andrew Hamilton of Overton v. Geills Hamilton and Agnes Brown
Date: 3 November 1663
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Geills Hamilton, daughter lawful to Archibald Hamilton, with her mother, Agnes Brown, and Mr. Alexander Gibsone, one of the clerks of his Majesty's Session, intents a summons of exhibition, ad deliberandum tantum, against Andrew Hamilton of Overton; particularly of a seasine of the lands of Standlawsyde, within the sheriffdom of Lanerk, and barony of Evendale, in favours of the said Archibald, her father, his heirs and successors. This charge he having suspended, upon this reason,—that what writs he had of the pursuer's, he was willing to exhibit them; but for that seasine, he had it not, because he offered him to prove, that seven years since he gave furth that seasine, to defend in an action against William Simpsone, to the said Geills her behoof, and could never get the same back again. Notwithstanding of this reason, decreet of suspension is given out against him; and, upon the decreet, he is charged with letters of horning, to obey the contents thereof. Upon this he gives in a supplication to the Lords, shewing, That whereas he has now, with much trouble and expense, recovered the said instrument of seasine, he is most willing to exhibit the same to the pursuers; and craves the Lords may call Mr. Alexander Gibsone before them in præsentia, and ordain him to pass from his decreet and letters of horning, and to accept of the seasine now. Which desire of the bill, (of consent of parties,) the Lords ordained to be satisfied.
For the Supplicant, Oliphant.Alt. Mr. Rodger Hog.
Signet MS. No. 2 folio 1.
