[1476/7/20]*[print] [email] [cite] [preceding] [following]
5 July
Gavin of Fawside and Gavin of Fawside, his son, have protested that because they were summoned to the suit of Henry Livingstone of Manerstoune, [and] he being often called to pursue the said persons but not compearing either by himself or through his procurators, therefore he should not be heard in judgement until they are contented and compensated for their costs and expenses, and until they are newly summoned.
[1476/7/21]*[print] [email] [cite] [preceding] [following]
In the action and cause pursued by William Stewart against Quentin Hogg, concerning certain arrangements and conditions set between them touching the infeftment of the said William in land and a tenement lying in the burgh of Peebles, on the north side of the same between the land of Patrick of Tempill to the east and the land of the late George Collin to the west, both the said parties being present in person and their allegations heard and understood at length, because the said Quentin admitted that he had made promises of such arrangements and conditions with the said William regarding the said infeftment, the lords auditors, fully advised, decree, deliver and ordain that the said Quentin shall observe, keep and fulfil the said appointments, promises and conditions to the said William regarding the infeftment of the said William in the said tenement or otherwise satisfy him in another way, and that letters [are to] be written to the sheriff of Selkirk to compel the said Quentin to this, and to distrenzie [him of] his goods for that.
[1476/7/22]*[print] [email] [cite] [preceding] [following]
In the action and cause moved by Morris MacNeish against James MacCulloch of Cardoness, Rankin Muir, William Muir, James Linton, Brice Stewart, John MacKelly, Archibald Muir, Thomas MacCulloch, Donald MacLellan, Archibald MacLellan, John MacLellan of Barsalloch, Andrew Law, Patrick Kessock, John Adougan and Thomas MacKelly, concerning the error committed by them, as was alleged, in the serving of a brieve of inquest purchased by John Akerson, regarding 16s worth and 8d worth of land from the lands of Gategill MacGilvernock,† the said Morris being present through his procurator and the said persons being lawfully summoned and often called but not compearing, the allegation of the said procurator and the depositions of witnesses being heard and understood at length, the lords auditors, fully advised, find by the depositions of the said witnesses that the said persons have erred in serving the said brieve in so far as they have found John Akerson, cousin of the late Margaret Akerson, lawful heir to the said late Margaret, for the said 16s 8d of the said land, where they should have found him heir only of 8s 4d worth thereof, and the said Morris another 8s 4d worth of the same proportionately, and that Brice Stewart has not erred because he said against all the said person and the party to raise another brieve if it please him and that the said person be punished at the king's will according to the form of the act of parliament made thereupon.
[1476/7/23]*[print] [email] [cite] [preceding] [following]
In the action and cause moved by Catherine Folkart and Beatrice Folkart, daughters and heirs of the late John Folkart of Folkertoune, against Alexander Folkart dwelling in Folkartoune, concerning the wrongful withholding from†
[1476/7/24]*[print] [email] [cite] [preceding] [following]
In the action and cause pursued by John Pook against William Park of that Ilk, concerning the wrongful withholding of the sum of 25 merks of the usual money of Scotland from him, both the parties being present in person and their reasons, rights and allegations heard and understood, the said John Pook producing a letter sealed with both their seals containing that the said William should pay the sum of 5 merks annually to the said John for his service for ever and until he entered him into the tack of the lands of Balgrothir, lying within the earldom of Lennox, as is contained in the said letters, because it was alleged that the said William was not of sound mind at the time the said letters were sealed, and that the said John had the said William's seal in his possession, the lords auditors of causes and complaints decree, deliver and ordain the said John to prove that the said William was of sound mind at the time the letters were sealed,† for which proof the lords appoint 2 October next, with continuation of days, [for John to appear] before the lords of council,† and because the said William alleged that the said John had his seal in his possession at the said time that he had his proof on the said day, which being proved before the lords†
[1476/7/25]*[print] [email] [cite] [preceding] [following]
In the action and cause pursued by Sir Richard Smithson, chaplain, against John Lockhart, Walter Dog, and John Row, concerning the wrongful withholding of the sum of £40 of the usual money of Scotland from him as was contained in an obligation of the said persons made to the said Sir Richard, the said John Lockhart being present in person and admitting the said obligation and the said Walter Dog and John Row being lawfully summoned, called, but not compearing, the rights, reasons and allegations in the said cause [being] heard and understood, the lords auditors of causes and complaints decree and deliver the said John Walter and John to pay the said sum of £40 to the said Sir Richard and letters to be written to distrenzie [them of] their lands and goods for that.
[1476/7/26]*[print] [email] [cite] [preceding] [following]
In the action and cause pursued by John Pook against William Park of that Ilk, concerning the wrongful withholding of the sum of 25 merks of the usual money of Scotland from him, both the parties being present in person and their reasons, rights and allegations heard and understood, the said John Pook producing a letter sealed with both their seals and containing that the said William should annually pay the sum of 5 merks to John for his service for ever and until he had him entered into the tack of the lands of Baldrothir, lying within the earldom of Lennox, as is contained in the said letters, because it was alleged that the said William was not of sound mind at the time the said letters were sealed and that the said John had the said William's seal in his possession, the lords auditors of causes and complaints decree, deliver and ordain the said William to prove that the said John had his seal in his possession at the time the letters were sealed, and the said John is to prove that the said William was of sound mind at the time the same were sealed, and if the said William proves lawfully that the said John had his seal in his possession at the said time, †the said John shall prove that the said William consented to the sealing of the same, and failing that he is to be released from paying the said sum, and if the said John proves lawfully that the said William was of sound mind at the time of the sealing of the said letters, the said William is to pay the said sum of 25 merks to the said John, for the proving of which the lords auditors appoint 2 October next, with continuation of days, [for them to appear] before the lords of council, and letters are to be written to summon their witnesses.
[1476/7/27]*[print] [email] [cite] [preceding] [following]
In the action and cause pursued by Thomas Goodland, James Bertilmo and John Gray against John of Preston as bailie to his mother, regarding the wrongful taking and withholding of the sum of 13s 4d of the mails from the lands of Strathbrock, and against Alan of Cochrane regarding the wrongful spoliation of two horses from the ploughs of the said Thomas, James and John, and for their wrongful disturbing in the harrowing and working of the said lands, both the parties being present in person and their reasons, rights and allegations heard and understood, the lords auditors of causes and complaints decree and deliver that the said John has done no wrong in collecting the said 14s 4d and the said Alan is to return the said two horses in as good [condition] as they were when they were taken from the said Thomas, James and John, and letters are to be written to distrenzie him of his lands and his goods for that.