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Scottish Court of Session Decisions >>
John Gray of Crigie v The Earl of Lauderdale. [1685] 3 Brn 545 (00 January 1685)
URL: http://www.bailii.org/scot/cases/ScotCS/1685/Brn030545-0821.html
Subject_1 DECISIONS of the LORDS OF COUNCIL AND SESSION, reported by SIR JOHN LAUDER OF FOUNTAINHALL Subject_2 SUMMER SESSION. 1685.
John Gray of Crigie v. The Earl of Lauderdale
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February 21.—Gray of Crigie gives in a bill against the Earl of Lauderdale, craving, in regard he would not produce the disposition called for, but suffered certification to pass against it; that therefore the Lords would examine his witnesses on Lauderdale's deeds of concussion and oppression, in dispossessing the Lord Gray, his author, out of Benby, and other lands, without a right, to lie in retentis, ad futuram rei memoriam.
The Lords ordained them to be received, he condescending on them.
Then Crigie gave in a new bill, craving liberty to add extrinsic grounds of Lauderdale's concussing others, as he had done against my Lord Aberdeen; et quod quisque juris in alium statuerit, æquum est ut ipse eodem utatur. Vide 6th March 1685.
Vol. 1. Page 343.
March 6.—John Gray of Crigie's reduction against Lord Lauderdale, on concussion, mentioned 24-th February 1685, is reported by the Register; and the Lords gave just the like interlocutor here as they gave in Lord Lauderdale's reduction against Aberdeen, allowing a conjunct probation: Crigie, to prove the dispossessing him, and keeping up his papers till he ended; and Lauderdale, to prove that he entered by virtue of a right, and gave an adequate price.
