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Scottish Court of Session Decisions >>
Grizell Ramsay and Alexander Irvine v St Leonard's College, St Andrew's. [1684] 3 Brn 550 (00 January 1684)
URL: http://www.bailii.org/scot/cases/ScotCS/1684/Brn030550-0829.html Cite as:
[1684] 3 Brn 550
Subject_1 DECISIONS of the LORDS OF COUNCIL AND SESSION, reported by SIR JOHN LAUDER OF FOUNTAINHALL Subject_2 SUMMER SESSION. 1684.
Grizell Ramsay and Alexander Irvine v. St Leonard's College, St Andrew's
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1684. February 23 and 24.—A bill is given in by Grizell Ramsay, and Mr Alexander Irvine her husband, bearing that she was nearest of kin to umquhile Mr John Ramsay, minister at Markinsh, her uncle; and therefore craving that the Lords would ordain his whole writs and papers to be sighted, inventaried, sealed, and sequestrated, till it were found who had best right thereto.
The Lords granted the desire of the bill, and appointed the Laird of Balfour, and Mr John Anderson, Parson of Dysart, to inventary, at least to sequestrate the whole writs, till it appeared who had best right. Vide 12th March 1685.
Vol. I. Page 274.
1684. March 6. —The lately deceased Mr John Ramsay, minister at Markinsh, his dotation and mortification of his lands of Dunnipace in Fife to the College of St Andrew's, making Balmaine and Abbotshall patrons to present the boys, was produced by the Archbishop of St Andrew's; that it might be forthcoming for the College's behoof, and that the schoolmaster who had it in keeping, and gave it up after his death, (it never being delivered by Mr John himself, nor did it bear a clause dispensing with it,) might be exonered.
Vol. I. Page 280.
1685. March 12.—In the case between the Heirs of Mr John Ramsay, minister at Markinsh, and St Leonard's College at St Andrew's, anent Mr John's mortification of his lands of Dunnypace to the said College, as mentioned 6th March 1684, which was quarrelled by the heirs as never delivered in his own lifetime; Sir Andrew Ramsay of Abbotshall gave in a bill to the Lords, representing that the said Mr John had granted a disposition of these lands to his son, David Ramsay, which he had given back, (which ought not to prejudge his son, being minor, cujus conditionem meliorem facere poterat sed non deteriorem;) and it was entire and uncancelled; and, therefore, seeing the writs were sequestrated in their clerks' hands, (vide 23d February 1684,) so that his executed summons of exhibition could not take effect, he craved they would appoint one of their number to peruse the writs, and deliver up the same to him, that he might compear for his interest, and compete; and that they would stop Lord Edmonston's reporting of the cause between the heirs and the College, till he were heard. Which desire they granted, and nominated Drumcairn to search; and accordingly the said holograph disposition was delivered up to Abbotshall, but prejudice of all defences against the same.
