Scottish Court of Session Decisions

Subject_1 RES INTER ALIOS.
Subject_2 SECT. I.

Proof.

Home
v.
Scot

Date: 16 November 1552
Case No. No 4.

In conformity with No 2. supra.

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In the action pursued by Elizabeth Home, spouse to C. Cranston, against Scot of , for withholding from her the terce of the lands of , the space of seven years or thereby, according to the confession made in the act of adjournal raised thereupon, the said Scot said, that he should have absolvitor from certain years libelled, because the said lands were bruiked and holden waste by , in respect that he made protestation for the part of Elizabeth in the said justice ayre, for all his lawful defences. To which it was replied by the procurator of the said Elizabeth, That the said exception reserved all such defences as might stand with the concession made, likeas discharges, transactions, or such like, but not the defences, which were contrary to the confession. In respect of which reply, the exception was repelled.

Fol. Dic. v. 2. p. 350. Sinclair, MS. p. 114.