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Scottish Court of Session Decisions >>
Laird of Dundas v Elphinston. [1582] Mor 11075 (00 November 1582)
URL: http://www.bailii.org/scot/cases/ScotCS/1582/Mor2611075-270.html Cite as:
[1582] Mor 11075
The act relative to prescription of summonses of error restricted to services of retours.
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The Laird of Dundas pursued the Heir of Mr Nicol of Elphinston for reduction of a decreet given by the Sheriff of Edinburgh or Lothian, whereintill certain soumes grass of the lands of and other pendicles of the lands of were adjudged to appertain to the said Mr Nicol Elphinston, and his lands of partly by the decreet of the Sheriff, partly by cognition taken thereintill by an inquest, and the Sheriff's authority interponed thereto. It was alleged, That the Laird had no interest to pursue the summons, because of the act of Parliament made by King James VI. whereintill it was provided, that all summonses of error or inordinate process that are to be raised by any persons who think themselves hurt or prejudged, either by the determination of an inquest, or by process of the Sheriff, should pursue the same within the space of three years after the leading of the said process, as at more length is contained in the said act. The Lords, notwithstanding of the said allegeance, made upon the said act, gave process, and repelled the allegeance, and found, That the said act could not be extended to, nor yet meant of the decreets given by Sheriffs, but only was meant anent the service of retours.
