Scottish Court of Session Decisions

Subject_1 DECISIONS of the LORDS OF COUNCIL AND SESSION, reported by SIR JOHN LAUDER OF FOUNTAINHALL.

Lockhart of Lee
v.
Lockharts of Castlehili and Carnwath

Date: 27 February 1694

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Cromwell Lockhart, the last Laird of Lee, having made a strict tailyie of his estate, wherein he prefers the daughters of Castlehili and Carnwath, his two uncles, before his brother Richard, his daughters, &c.; Castlehili, and the other substitutes in the tailyie, presented it to the Lords, with a bill, craving it might be recorded in their books, conform to the Act of Parliament 1685. The present Lee considering that this would instantly bind up his hands from contracting debt, or providing a greater jointure to a wife than the tailyie allowed, he opposed the registration, and craved to be heard. Several of the Lords thought this interposition would not stop the recording; but the plurality craved he should be first heard.

This will not secure him; for, though the recording be stopped till June, what hinders them to serve an inhibition on it medio tempore?

Vol. I. Page 617.