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Captain John Home of Plendergaist v Home of Linthill. [1674] 3 Brn 46 (00 January 1674)
URL: http://www.bailii.org/scot/cases/ScotCS/1674/Brn030046-0046.html
Subject_1 DECISIONS of the LORDS OF COUNCIL AND SESSION, reported by SIR JOHN LAUDER OF FOUNTAINHALL Subject_2 WINTER SESSION. - Anni 1973.
Captain John Home of Plendergaist v. Home of Linthill
1674.
January.
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Upon a bill given in by Captain John Home of Plendergaist against Home of Linthill, the Lords ordained Linthill summarily to depone anent the receipt of 2000 merks from one Home lately dead, without giving any receipt or discharge of it. Which was inveighed at, as what rendered all summonses needless, where I am to prove a thing by the party's oath; for that privileged way of tabling matters was hitherto only known and practised against agents or members of the session: yet with the Emperor Antonius, Licet non facile aliquid est mutandum de solemnibus, tarn enubi æquitas poscit subveniendum est, 1. 7. D. de In Integrum, Restitutionibus. But at this time the humours of people were so disposed to cavil, by an overboiling passion and thirst after a redress of grievances, (the story whereof, see alibi,) that scarce anything could escape censure.
