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You are here: BAILII >> Databases >> Scottish Court of Session Decisions >> Andrew Husband v James Herring. [1665] 1 Brn 516 (18 July 1665) URL: http://www.bailii.org/scot/cases/ScotCS/1665/Brn010516-1352.html Cite as: [1665] 1 Brn 516 |
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[1665] 1 Brn 516
Subject_1 DECISIONS of the LORDS OF COUNCIL AND SESSION, reported by SIR JOHN BAIRD OF NEWBYTH.
Date: Andrew Husband
v.
James Herring
18 July 1665 Click here to view a pdf copy of this documet : PDF Copy
Andrew Husband having pursued James Herring, before the commissary of Dunkeld, for the duties of a piece of land for several years byrun; in which pursuit there being peremptory defences proponed, and litiscontestation in the cause, and a day taken to prove; the defender gets an advocation. It was debated, whether the cause may be remitted in hoc statu or not ?
The Lords found the cause ought to be remitted, in respect of the state of the process; although the nature of the pursuit was civil, and not consistorial.
Page 37.
The electronic version of the text was provided by the Scottish Council of Law Reporting