Scottish Court of Session Decisions

Subject_1 PROCESS.
Subject_2 SECT. XII.

Judicial Steps, how far under the Power of Parties, to be retracted, altered, or amended.

Earl of Bothwell
v.
Bethune

Date: 17 February 1541
Case No. No 227.

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In the Earl of Bothwell's cause against Bethune for reduction of certain lands of his, comprised to umquhile James, last Bishop of St Andrews, the Lords, by interlocutor, found and decerned, that Mr Hugh Rig, procurator for the said Lord, might have the words “the five merk” pro deleto, after that the said Bethune's procurator had desired absolvitor, because that the said Lord's summons bore five merks of the lands, and there were eight merk and ten shilling worth of the lands apprised, and that he might not redeem the apprised lands but altogether, and so the said words being deleted, the summons imported the haill lands and so the Lords admitted the said Earl's procurator to have pro deleto, the same words.

Fol. Dic. v. 2. p. 197. Sinclair, MS. p. 11.