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You are here: BAILII >> Databases >> Scottish Court of Session Decisions >> The Earl of Home v Lord Doun and Lord Maitland. [1634] 1 Brn 348 (6 February 1634) URL: http://www.bailii.org/scot/cases/ScotCS/1634/Brn010348-0924.html |
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Subject_1 DECISIONS of the LORDS OF COUNCIL AND SESSION, reported by SIR GEORGE AUCHINLECK OF BALMANNO.
Date: The Earl of Home
v.
Lord Doun and Lord Maitland
6 February 1634 Click here to view a pdf copy of this documet : PDF Copy
In an action of reduction of a decreet reductive, obtained at the instance of umquhile John Earl of Home against umquhile Sir John Home of Coldingknows and James Home, his oy, son to umquhile Sir James Home, son to the said deceased Sir John; for reduction of a contract of tailyie passed betwixt umquhile Alexander, Earl of Home, and the deceased Sir John Home of Coldingknows and the said Sir James, his son, in anno 1604: after the pieces were seen, the pursuer mended and eiked his summons; which eiks, in substance, contained a new reason, which the defenders, (viz. the Lord Doun and Lord Maitland, who had married the sisters of umquhile James, Earl of Home, to whom umquhile James had tailyied his earldom after the said contract of tailyie was reduced for null defence before the Lords of Session in anno 1621,) alleged could not, by law or practique, be permitted; and that they could not be holden to answer this summons till they were summoned of new. The Lords, notwithstanding, would not put the pursuer to a new summons; but gave the defender fifteen days to answer to the summons as it was mended.
Page 221.
The electronic version of the text was provided by the Scottish Council of Law Reporting
