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Scottish Court of Session Decisions >>
Gordon v Glenkindie. [1583] Mor 5165 (00 February 1583)
URL: http://www.bailii.org/scot/cases/ScotCS/1583/Mor1305165-001.html Cite as:
[1583] Mor 5165
Subject_1 GROUNDS and WARRANTS. Subject_2 SECT. I.
Whether necessary to produce Grounds and Warrants after a long interval of time.
Gordon v. Glenkindie
1583.
February. Case No. No 1.
In a reduction of a decree, found that the defender was not obliged to produce the execution of a summons, at the distance of 14 years.
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There was ane Gordon that persewit the Laird of Glenkindie for the reduction of ane decreet. There was ane part of the first reason of the summons that buir, that the persewar was never summoned to the giving of the said decreet, and therefore desirit the summons and executions to be produced now in secunda instantia, and after the matter had lain over be the space of fourteen years. It was answerit, That the defender could not be halden to produce any summons or execution after so long space; but, that the decreet that buir the compearance of the parties was sufficient; the whilk was fund relevant be the Lords; and the partie, nor yet the clerks, will not be astrictit to produce after so long time any summons, or execution of summons.
