Scottish Court of Session Decisions

Subject_1 PROCESS.
Subject_2 SECT. VI.

Defences.

Rentoun of Lambertoun
v.
Earl of Levin

Date: 3 July 1662
Case No. No 133.

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Lambertoun having intented an improbation of lands, alleged, Subscribed by his father in favour of the umquhile Countess of Levin, and her daughters, and others; and having proceeded to the indirect manner, articles of probation and improbation were given in writ hinc inde, and a full dispute thereupon, and all such witnesses examined as either party craved; the Lords, having perused and read the whole process, did, upon the defender's desire, allow them to be heard viva voce; and both parties compearing, the pursuer referred the dispute to the Lords, without saying any further; and the defenders having related the case, and debated, in general, anent the taking away of writs, by presumptions and conjectures, and having entered to repeat all that was in the written dispute, and to answer every allegeance,

The Lords declared, That it was not their meaning that the dispute should be repeated, but the material and weighty points which the defender thought of most importance, to have been resumed, and urged shortly; referring to the rest the Lords.

Therefore, they ordained the defenders to order their allegeances, as they might, for all they had to say, betwixt ten and twelve the next day, without any further, unless the pursuer answered.

Stair, v. 1. p. 120.