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Margaret Cathcart v Boyl of Kellburn. [1694] 4 Brn 185 (6 July 1694)
URL: http://www.bailii.org/scot/cases/ScotCS/1694/Brn040185-0416.html
Subject_1 DECISIONS of the LORDS OF COUNCIL AND SESSION, reported by SIR JOHN LAUDER OF FOUNTAINHALL.
Margaret Cathcart v. Boyl of Kellburn
Date: 6 July 1694
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The Lords found, seeing the term was circumduced against him for not proving his allegeance that he had arrested the rents by the baron officer's execution before her diligence, that it was not receivable now, on his offering to produce the same in secunda instantia, in a suspension, and purging his former failyie, to have been no design nor contumacy, because his agent's letter acquainting him therewith miscarried, or that the ranking of the creditors of Corshill is not yet closed: for the Lords considered that the term was circumduced against him in February, and yet it was not extracted till July thereafter; so he had four months' time; and, though the ranking be yet depending, yet it was determined she had the preference to him: which would wrong no other.
