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- - - - Setons, Heirs-Portioners of Blair, v Lord Pitmedden. [1678] 3 Brn 234 (00 January 1677)
URL: http://www.bailii.org/scot/cases/ScotCS/1678/Brn030234-0302.html
Subject_1 DECISIONS of the LORDS OF COUNCIL AND SESSION, reported by SIR JOHN LAUDER OF FOUNTAINHALL Subject_2 SUMMER SESSION.
- - - - Setons, Heirs-Portioners of Blair, v. Lord Pitmedden
1677, and 1678.
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1677. 28th January.—The two daughters Seton of Blair's reduction against Sir Alexander Seton of Pitmedden's adjudication [was this day] advised, wherein the Lords found the cause of the disposition from his brother James near onerous, and admitted sundry points to probation; quæ omnia vide ad longum in the information apud me: infra, numero 574, § 6. See this again advised on the 12th of June 1678, marked by me in the third page of my other manuscript book.
Advocates' MS. No. 538, folio 274, margin.
1678.June12, 13, and 22.—The Lords advised the actions betwixt ——Setons, heirs-portioners of Blair, and the Lord Pitmedden. The Lords had ordained him to prove he had paid the usual rates lands were then giving in the country, for the acquisitions of Pitmedden and Alethin, which he had purchased from his brother James; otherwise, they would reduce these rights on the Act of Parliament 1621, as inter conjunctas personas, without a full onerous adequate cause, in prejudice of the absolute warrandice of the said James his brother's disposition of the lands of Blair to their father. And he having led probation thereon, and proven, with the incumbrances that affected it, and which he hath since relieved, or must take course with, he had paid £1000 Scots for each chalder, which was and is the price of the country in Buchan, even counting his patrimony only at 12,000 merks:
The Lords found an adequate price proven, and assoilyied him from their reduction. Vide Informations hinc inde, for the particulars in this case.
