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 >>
The Countess of Traquair and Marquis of Queensberry v The Earl of Southesk. [1682] 3 Brn 421 (00 January 1682)
URL: http://www.bailii.org/scot/cases/ScotCS/1682/Brn030421-0611.html
Subject_1 DECISIONS of the LORDS OF COUNCIL AND SESSION, reported by SIR JOHN LAUDER OF FOUNTAINHALL Subject_2 SUMMER SESSION.
The Countess of Traquair and Marquis of Queensberry v. The Earl of Southesk
1682.
Click here to view a pdf copy of this documet : PDF Copy
January 18.—In the count and reckoning betwixt the Countess of Traquair and Marquis of Queensberry against the Earl of Southesk; the Lords, on Harcous's report, found Southesk's entry to the lands was in 1653, and that the rental by which he must account is that which was given in by Burnet; except for the years 1674 and 1675, wherein, through a violent storm, there was a great death of cattle. Vide 11th Feb. 1682.
Vol. I. Page 170.
February 11.—The Lords, on Newton's report, assoilyied from the ejection, because it was done auctore prætore; though the sheriff's decreet of removing, whereon it proceeded, was afterwards reduced; and that quia res judicata (as long as it stands,) pro veritate habetur.
