Manuscripta juridica

Acta litigationis Scotiae : minutes of hearings in the Court of Session

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No. of pages: Pag. 1-73

Incipit:

• (pag. 1-3) Janet Craigingelt and Balzie Charters against Charles Herie alias Craigingelt [{i}not in Tait's index{/i}]
• 25 November 1687 Charles Charters as adjudged upon a bond granted to him be Janet Craigengelt pursues reduction of ane dispositione granted be Patrick Craigingelt, the said Janet's brother, to Charles Herie,.

  sewent sone to John Herie of Gogar, ex capite lecti(?). Alle(g)it(?) for the defender that the law of deathbed, primo, requires that the disease should be lybelled to be morbus sonticus. Secundo, the same law does(?).

  not require, tho(?) a morbus sonticus were contracted, that the persone once affected should goe to kirk and mercat only, but required that he should be convalesced.

  Replyed, primo, a couch may and might be used by those who are in perfect health, when they travell five or six miles, and is no more a supportation then the goeing on horsback, which was never accompted a.

  supportation. Secundo, a cough is not morbus sonticus, when a person is past sixtie, but ane ordinarie esteit of old age ... The Lords did not finde the grounds of declarator, as they were qualified, videlicet that.

  the defunct had gone a pair or tuo from his house to awack(?) and from theme was carried some myles to all (e) way and went out and in to the coach unsupported, and went up and doun the stairs of the house,.

  as he came and went to the coach, unsupported, relevant to elide the reason of deathbed, and refused a (...?)t probation.

  (Pag. 3-4) George Algar skipper in Leith against Charles Charters merchant in Edinburgh [{i}not in Tait's index{/i}].

  25 November 1687. The said George Algar charges Charles Charters on a decreit at his instance against him before the Admirall and tuo decreits of suspensione. Charles Charters repeats his suspensione and reduction.

  thairof on these reasons: primo that, albeit the last decreit of suspension proceded upon a report made to the Lords, yet the report was only upon minutes patiked(?) up by the charger and his procurator, without any.

  line of minute or informatione from the suspender, and that the verie last day of the sessione. Secundo, that the admirales decreit, which was the ground of all, was most unjust in thir puncts(?) ... ... The Lords in this.

  proces fand that skippers depursements and accompts does not fall under the Act of Parliament as to the prescription of three yeares, quoad modum probandi (Pag. 5-7) James Home stabler against Robert Hislop in Muntainhall [{i}Harcarse, 225, nr. 803 = Morison 12365, 1687/12/8{/i}].

  First of December 1687. James Home charges Robert Hislop upon a decreit of the Comissars for payment of the price of ane horse [{i}words repeated by accident, thus copied from another piece of writing:{/i} upon a decreit of the Comissars for payment of the price of ane horse] sold be the charger to him. Hislop suspends on his reason that the Comissars had comitted iniquitie in not assoilzieing the suspender ... Replyed, primo that, albeit the delyverie of ane horse is facti and so probable prout de jure, yet ... The Lords sustained the reason of reduction of the Comissar his decreit.

  (Pag. 7 ss.) David Corsar in Dysart against Anna Carmicheil and George Gullan her spouse [{i}Fountainhall i.485 = Morison 5710{/i}].

  Eodem die. David Corsar ... Answered that.

  [{i}Last case, on p. 70-73{/i}].

  Alexander Hamiltoune Maior against Sir John Ramsay of White(law?) and Mr. John and David Plenderleithe [{i}Fountainhall i.438, 1687/12/17{/i}].

  16 December 1687. Alexander Hamiltoune, being infeft ... Albeit ... Replyed, primo, that ... The Lords, having advised the writes produced with the depositions of the wittnesses ... the prescription of thirlage and thairfor assoilzied