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Scottish Court of Session Decisions >>
Maxwell v Lawson of Bearcroft. [1688] 3 Brn 683 (21 July 1688)
URL: http://www.bailii.org/scot/cases/ScotCS/1688/Brn030683-1057.html
Subject_1 DECISIONS of the LORDS OF COUNCIL AND SESSION, reported by SIR JOHN LAUDER OF FOUNTAINHALL Subject_2 SUMMER SESSION.
Date: 21 July 1688
Maxwell v. Lawson of Bearcroft
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The case of Maxwell and Lawson of Bearcroft was decided. It was a removing, against which the exception was; I have a comprising of thir lands: and it being objected, that they were not expressed in it, they offered to prove they were part and pertinent of the lands apprised. And, for eliding it, it was alleged, they were known to be distincta et separata tenementa by several appellations, lying in sundry parishes, and holden of divers superiors.
It was unnecessary to burden themselves with all this ad victoriam causæ. But, however, a joint probation was allowed; and, writs and witnesses being adduced, the Lords, on advising them, found part and pertinent not proven: and therefore decerned in the removing.
