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Scottish Court of Session Decisions >>
Sir Alexander Cockburn of Lanton's Creditors Competing. [1700] 4 Brn 497 (00 January 1700)
URL: http://www.bailii.org/scot/cases/ScotCS/1700/Brn040497-0948.html Cite as:
[1700] 4 Brn 497
Subject_1 DECISIONS of the LORDS OF COUNCIL AND SESSION, reported by SIR JOHN LAUDER OF FOUNTAINHALL. Subject_2 This week I sat in the Outer-House, and so the observes are the fewer.
Sir Alexander Cockburn of Lanton's Creditors Competing
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1700. July 30.—The Lords having granted a commission to sundry of their own number to take a trial and probation of the true rental of the estate of Sir Alexander Cockburn of Lanton, in order to a roup and sale of it pursued by George Lockhart of Carnwath, and others, his Creditors:—Lanton, by a bill, craved a protection from the Lords, that he might be present at the executing the said commission, and taking the probation, none being able to demonstrate his manner of improvement of land so well as himself.
The Lords considered he had been lately imprisoned in the Tolbooth of Edinburgh, by Lady Mary Kennedy and others, and having made his escape that night the rabble broke up the prison on the 20th of June last, he must be reputed, in construction of law, as still a prisoner; as also the Act of Parliament 1681, regulating protections, allows them only where they are necessarily adduced as parties or witnesses, so that this case fell not under the Act of Parliament; therefore they found the desire of his bill, craving a protection, could not be granted.
Vol. II. Page 107.
1701. February 5.—George Lockhart of Carnwath entered his protestation against the decreet of the Lords, pronounced the end of July last, preferring Sir Thomas Moncrief and the Earl of Crawfurd's children their infeftment on Cockburn of Lanton's estate, to Carnwath's right.
This protest was accounted within the ten days after the gravamen, because it must be tempus utile, and not continuum de die in diem.
