Scottish Court of Session Decisions

Subject_1 REDUCTION.

Maitland
v.
Hamilton, &c

Date: 10 March 1629
Case No. No 22.

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Mr Richard Maitland pursues Sir John Hamilton, and certain Tenants of the lands of Bargeny, for payment of certain annualrents addebted furth of the said lands, to James, Lord Ochiltree, wherein the said Lord stood infeft, unto which annualrent the said Mr Richard had right, and craved poinding of the ground. It was alleged by Sir John, that he had intented reduction of the said Lord Ochiltree's right to the said annualrent until the redaction was discussed, no process, at the defender's instance, seeing the same was prejudicial. It was answered, His reduction was intented, since the raising and executing of the pursuer's action. In respect whereof the Lords found process, but declared they would have consideration before sentence, of Sir John's diligence, in discussing of his action of reduction.

Auchinleck, MS. p. 169.