Scottish Court of Session Decisions

Subject_1 DECISIONS of the LORDS OF COUNCIL AND SESSION, reported by SIR JOHN LAUDER OF FOUNTAINHALL.

Irvine of Artamford
v.
Robert Keith of Lentush

1692. December 6,and February 2, 1693.

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1692.December 6.—In the petition given in by Irvine of Artamford against; Mr. Robert Keith of Lentush, craving a sequestration of the rents of the lands of Fedderet; and Artamford's probation on a commission that Lentush's possession was vi clam vel precario, when he was executing a caption against Fedderet, and seeking him in his own house, that he kept possession of the house; the Lords now granted a conjunct probation to Lentush to instruct the manner of his entry to the possession, whether it was via juris aut facti,—to be reported the 8th January; and, in the mean time, ordained them to discuss the point of right and preference; with certification, that whoever tergiversed or failed, the posses sion should be given to the other party.

Vol. I. page 527.

1693. February 2.—Irving of Artamford against Mr. Robert Keith of Lentush, mentioned 26th December, 1692. The Lords would not admit of this exception to stop a certification in an improbation, that you cannot quarrel my right, be cause you gave warrant to Irving of Cults to subscribe that contract for you wherein you restricted your sum, and passed from your legal; and I am content to pay you, and offer to prove the giving the warrant by your oath: for the: Lords considered Artamford was not in town, and to grant a commission, was to stop the process till June; and, therefore, repelled it hoc loco, but reserved it when they should come to debate the reasons of reduction.

Vol. I. page 553.