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Scottish Court of Session Decisions


You are here: BAILII >> Databases >> Scottish Court of Session Decisions >> David Dick v The Tenants of Lord Kirkcubright, and of Robert Maxwell of Orchartoune. [1663] 2 Brn 309 (26 November 1663)
URL: http://www.bailii.org/scot/cases/ScotCS/1663/Brn020309-0595.html

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[1663] 2 Brn 309      

Subject_1 DECISIONS of the LORDS OF COUNCIL AND SESSION, reported by SIR JOHN LAUDER LORD FOUNTAINHALL.

David Dick
v.
The Tenants of Lord Kirkcubright, and of Robert Maxwell of Orchartoune

Date: 26 November 1663

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David Dick, writer in Edinburgh, for divers sums of moneys addebted to him by Jo. Lord Kirkcudbright, and Robert Maxwell of Orchartoune, in anno 1653, comprises both their lands, all lying within the stewartry of Kirkcubright, and Sheriffdoms of Dumfries and Wigton. In anno 1654, he obtained himself duly infeft in the said lands; whereupon, as having good and undoubted right to pursue this action, he raises a summons of maills and duties; charging them to pay to him their farms 1660, 1661, 1662; each of them at the rate of six chalders of victual, two chalders bear, two meal, and two oats, of the met and measure of Nithisdale, at twenty pounds the pound; and 600 merks of silver duty. The Lords finding the summons relevant, by reason of his seasine of the said lands, produced, grant a term to the defenders' procurators to produce them, to give their oaths anent the quantities libelled; which they failyieing to do, the Lords held them pro confessis, and gave furth decreet, conform to the desire of the summons.

Act. William Yeaman. Alt. Mr. Jo. Cunyghame. D. Dick. Signet MS. No. 10. folio 4.

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/1663/Brn020309-0595.html