BAILII is celebrating 24 years of free online access to the law! Would you
consider making a contribution?
No donation is too small. If every visitor before 31 December gives just £1, it
will have a significant impact on BAILII's ability to continue providing free
access to the law.
Thank you very much for your support!
You are here:BAILII >>
Databases >>
Scottish Court of Session Decisions >>
James Lands v Peter Winchester. [1681] 3 Brn 407 (23 June 1681)
URL: http://www.bailii.org/scot/cases/ScotCS/1681/Brn030407-0571.html
Subject_1 DECISIONS of the LORDS OF COUNCIL AND SESSION, reported by SIR JOHN LAUDER OF FOUNTAINHALL Subject_2 SUMMER SESSION.
James Lands v. Peter Winchester
Date: 23 June 1681
Click here to view a pdf copy of this documet : PDF Copy
James Lands, merchant, pursuing Peter Winchester before the bailies of the Canongate for removing from a house, he surreptitiously obtains an advocation upon most frivolous reasons. Whereupon James instantly gives in a bill craving it may be recalled, there neither being iniquity, nor incompetency, and removing being a summary action; and he was pursued either to enter the person to whom he had set the said house, or for damage.
The Lords refused the desire of the bill, in regard it was past and expede at the signet; and ordained him to discuss the advocation, and get a remit via ordinaria.
The Lords did the very same before in June 1680, betwixt George Heriot and John Hog.
