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Scottish Court of Session Decisions >>
Lord Polwart v Sir James Dick. [1694] 4 Brn 204 (27 July 1694)
URL: http://www.bailii.org/scot/cases/ScotCS/1694/Brn040204-0462.html
Subject_1 DECISIONS of the LORDS OF COUNCIL AND SESSION, reported by SIR JOHN LAUDER OF FOUNTAINHALL.
Lord Polwart v. Sir James Dick
Date: 27 July 1694
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My Lord Polwart against Sir James Dick, who refused to take a second term in Polwart's reduction and improbation, because he offered immediately to debate the nullity of Polwart's right, being entered by the king; whereas Home of North-Berwick was Heugh's superior, these lands not being annexed to the Crown, but expressly reserved out of the act of annexation, (being act 29th, 1587,) where it is disputable whether the superiority, or only the property, be excepted, as Polwart alleged.
The Lords, thinking this debate foreign hoc loco, they repelled it against the taking of terms, not having been proponed at the first time; but reserved it in debating the reasons; and allowed Sir James a diligence for recovery of any writs he needed in the mean time.
