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You are here: BAILII >> Databases >> Scottish Court of Session Decisions >> Spottiswood v Burnet of Craigend. [1600] 5 Brn 611 (00 January 1600) URL: http://www.bailii.org/scot/cases/ScotCS/1600/Brn050611-0739.html Cite as: [1600] 5 Brn 611 |
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[1600] 5 Brn 611
Subject_1 DECISIONS of the LORDS OF COUNCIL AND SESSION, reported by ALEXANDER TAIT, CLERK OF SESSION, one of the reporters for the faculty.
Spottiswood
v.
Burnet of Craigend
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The strongest of all these cases was betwixt Spottiswood and Burnet of Craigend. It was attended with several favourable circumstances; in so much, that, although the Lord Alemoor, Ordinary, 10th December 1761, found Spottiswood entitled to the superiority of Craigend, and that the lands were in non-entry, yet, on a reclaiming petition, and answers, the Lords, 14th July 1763, altered, and found, That Mr Burnet was entitled to hold his lands of Craigend of the Crown, and therefore assoilyied; and to this they again adhered 3d December thereafter.
But, on an appeal, the decree was reversed 22d March 1763; and a clause, as to the non-entry, was added in these words:—
“But so as not to affect the respondent with any penalties on account of such non-entries, except from the commencement of the present action.”
The electronic version of the text was provided by the Scottish Council of Law Reporting