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Scot of Bowhill v Grieve. [1694] 4 Brn 231 (26 December 1694)
URL: http://www.bailii.org/scot/cases/ScotCS/1694/Brn040231-0522.html
Subject_1 DECISIONS of the LORDS OF COUNCIL AND SESSION, reported by SIR JOHN LAUDER OF FOUNTAINHALL.
Scot of Bowhill v. Grieve
Date: 26 December 1694
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Mersington reported Scot of Bowhill against Grieve, tenant to the Duchess of Buccleugh. The reason of suspension was,—I am holden as confessed on a citation bearing me only to be lawfully cited, and not personally. Answered,—Lawfully must import that; especially seeing I have taken the gift of your escheat on that decreet, and it bears annualrent after the denunciation; all which will fall and be lost, if he be reponed. The Lords found this not equivalent to a personal citation, and reponed him; but fined him in fifty merks of expenses. Some were for one hundred merks.
