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Scottish Court of Session Decisions >>
Poor Gilbert Watson v Gordon of Halhead. [1694] 4 Brn 218 (5 December 1694)
URL: http://www.bailii.org/scot/cases/ScotCS/1694/Brn040218-0497.html
Subject_1 DECISIONS of the LORDS OF COUNCIL AND SESSION, reported by SIR JOHN LAUDER OF FOUNTAINHALL.
Poor Gilbert Watson v. Gordon of Halhead
Date: 5 December 1694
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The Lords advised the bill and answers, about the spuilyie and ejection, and refused to grant any farther diligence for proving the quantity of what was poinded, in regard the probation was already closed and advised, and it were a dangerous preparative. But, before answer to that point, Whether he had right to hold courts, for his rents, on the lands of Ardgows, being only a wadsetter; the Lords ordained his rights to be produced, to see if it bore cum curiis.
It was doubted, when a master poinded for his rent, if he needed to carry it to the market-cross, to be there apprised: and the generality thought not; but that barons designed their own gate, or any other place within their own lands, for that solemnity, and choosed prisers for that effect. See Stair, lib. 4, tit. 17, sect. 30 and 31.
