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James Lands v Peter Winchester. [1681] 3 Brn 407 (23 June 1681)
URL: http://www.bailii.org/scot/cases/ScotCS/1681/Brn030407-0571.html
Subject_1 DECISIONS of the LORDS OF COUNCIL AND SESSION, reported by SIR JOHN LAUDER OF FOUNTAINHALL Subject_2 SUMMER SESSION.
James Lands v. Peter Winchester
Date: 23 June 1681
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James Lands, merchant, pursuing Peter Winchester before the bailies of the Canongate for removing from a house, he surreptitiously obtains an advocation upon most frivolous reasons. Whereupon James instantly gives in a bill craving it may be recalled, there neither being iniquity, nor incompetency, and removing being a summary action; and he was pursued either to enter the person to whom he had set the said house, or for damage.
The Lords refused the desire of the bill, in regard it was past and expede at the signet; and ordained him to discuss the advocation, and get a remit via ordinaria.
The Lords did the very same before in June 1680, betwixt George Heriot and John Hog.
