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 >>
Sir Donald Bayn of Tulloch v Ross of Balnagowan. [1694] 4 Brn 122 (12 January 1694)
URL: http://www.bailii.org/scot/cases/ScotCS/1694/Brn040122-0282.html
Subject_1 DECISIONS of the LORDS OF COUNCIL AND SESSION, reported by SIR JOHN LAUDER OF FOUNTAINHALL.
Sir Donald Bayn of Tulloch v. Ross of Balnagowan
Date: 12 January 1694
Click here to view a pdf copy of this documet : PDF Copy
Sir Donald Bayn of Tulloch pursuing a spuilyie against Ross of Balnagowan, and several of his tenants —, he, by a petition, craved the Lords would grant him an edictal citation against the depredators: seeing he was content to cite Balnagowan himself personally; but for his men, they skulked in the Highlands, ubi non erat tutus accessus, and that no messenger would undertake to execute it against them.
The Lords considering if this were once granted, every one would pretend the same necessity; and so there would be no more citations to parties, either personally or at their dwelling-houses, in the Highlands; and that citations at the next market-cross could not certiorate them; they refused the desire of the bill, unless it had been in time of war or outbreaking among them. And yet there are some parts where, in the most peaceable times, messengers dare not adventure amongst them.
