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Scottish Court of Session Decisions >>
George Marshal v William Alves. [1699] 4 Brn 436 (1 February 1699)
URL: http://www.bailii.org/scot/cases/ScotCS/1699/Brn040436-0861.html
Subject_1 DECISIONS of the LORDS OF COUNCIL AND SESSION, reported by SIR JOHN LAUDER OF FOUNTAINHALL. Subject_2 This week I sat in the Outer-House, and so the observes are the fewer.
George Marshal v. William Alves
Date: 1 February 1699
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George Marshal pursues a reduction against William Alves, writer, of a decreet of general declarator of the escheat of umquhile William Russell; and the first nullity insisted on was, That the citation was only upon six days, whereas, by the Act of Sederunt, 21st July 1672, special declarators, and other summonses there enumerated, have that privilege, but not general declarators, which must be on twenty-one days as before. Answered,—The writers to the signet had since that time raised them on bills, as privileged; which ought to support his diligence. Replied,—The privileges are but impetrated periculo petentis, and cannot alter a fixed custom. Likeas, it was alleged,—That Mr Marshal had no interest to object against his declarator.
The Lords found the citation unwarrantable, but sustained it as a libel, and allowed the parties to be heard how far George had an interest.
