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Scottish Court of Session Decisions >>
Janet Crighton v The Earl of Nithsdale and the Tenants of Duncow. [1695] 4 Brn 262 (12 February 1695)
URL: http://www.bailii.org/scot/cases/ScotCS/1695/Brn040262-0588.html
Subject_1 DECISIONS of the LORDS OF COUNCIL AND SESSION, reported by SIR JOHN LAUDER OF FOUNTAINHALL.
Janet Crighton v. The Earl of Nithsdale and the Tenants of Duncow
Date: 12 February 1695
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Arniston reported Janet Crighton against the Earl of Nithsdale and the tenants of Duncow. Objected,—The bond was registrate in the wrong jurisdiction, and so the extract was no more but a copy. Answered,—We now produce the principal. Replied,—This cannot sustain the charge of horning given.
The Lords found it sufficient.
Then alleged,—Both the obtainer of the decreet of poinding of the ground, and the defenders in it, are dead. Answered,—By the late Act of Parliament 1693, the heir or executor, producing their retour or confirmation, are allowed to have summary process: Which the Lords sustained; and that such decreets being real contra fundum, they subsisted against all possessors, though the former, against whom the decreet was obtained, were either dead or removed out of the ground.
