Scottish Court of Session Decisions

Subject_1 REMOVING.
Subject_2 SECT. I.

Who entitled to pursue a Removing.

Jambs Hamilton
v.
Matthew Wallace of Dundonald

Date: 25 January 1632
Case No. No 29.

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In a removing, pursued by James Hamilton against Matthew Wallace of Dundonald, the pursuer's title being a sasine given upon a precept of clare constat, which precept was granted by the master of Abercorn, as having commission to do his brother the Earl's affairs in his absence; the Lords, before they would sustain the pursuer's title, ordained him to produce the said commission, which was the warrant of the precept.

Spottiswood, (Removing.) p. 288.

*** Dune's report of this case is No 391. p. 12515, voce Proof.