[1482/12/54]*[print] [email] [cite] [preceding] [following]
13 December
The lords auditors continue the action between Alexander Sydserf of that Ilk and John of Fenton of that Ilk, regarding an annual from the lands of Sydserf claimed by the said John, until 11 January next, with continuation of days, in the same form and effect as it is now without prejudice of party, and ordain the depositions of the witnesses now taken herein to be closed and kept until the said day, and that the said Alexander summon more witnesses, if he has any, to prove the payment of the said annual, and that the witnesses who were summoned but did not compear be summoned again on the said day under the pain of being personally made wards, and both parties are summoned according to the act.
[1482/12/55]*[print] [email] [cite] [preceding] [following]
In the action and cause pursued by Thomas Stewart of Minto against David Tait of Elyntoun, for the wrongful withholding from him of the sum of £100 according to the form and tenor of his obligation, as was alleged, the said David being often called but not compearing, and the said Thomas, being present in person, produced and showed an obligation under the procured seal of William Richardson and signed by the said David's own hand, the lords auditors decree and deliver that the said David shall satisfy and pay the said Thomas the said sum of £100 according to the form of his obligation shown and produced before the said lords and read and understood by them, and ordain that letters [are to] be written to distrenzie him of his lands and goods for that.
[1482/12/56]*[print] [email] [cite] [preceding] [following]
In the action and cause pursued by Marjory, the spouse of the late Henry Stewart, and Sir John of Cockburn of Treaton, knight, on the one part, against Sir David Stewart, knight, son and heir of the late Sir David Stewart of Rossyth, knight, on the other part, for the wrongful vexing and disturbing of them in the third of the lands of Corb, pertaining to the said Marjory through terce, and to the said Sir Jo[hn] through a tack, and for their costs and injuries sustained through this, the said Sir David Stewart being often called but not compearing, and the said Marjory being present through her procurators, and the said Sir John, present in person, showing and producing a lease from the said Marjory made by her for him of the third of the said lands, which being seen, read and understood by the lords auditors, the said lords auditors decree and deliver that the said Sir David did wrong by disturbing and vexing the said Marjory and Sir John in the use of the third of the aforesaid lands, and that he shall desist and cease from this in the future. And as for their costs and injuries sustained through this, the said lords appoint 11 January next, with continuation of days, for them to prove the value of the same, and ordain them to have letters to summon their proof and the party to hear them sworn.
[1482/12/57]*[print] [email] [cite] [preceding] [following]
The said day after noon
In the action and cause pursued by Patrick Cant and Janet Govan against William Ferry, for the wrongful occupation of diverse houses, that is to say, a hall, a chamber, a kitchen, two lofts, two cellars and an inner house with a loft above and a cellar below, lying in the burgh of Edinburgh, on the north side of the street of the same between the land of John Patonson and the land of Nicol Spethy in the east and west parts, wrongly occupied by the said William for the space of 9 months, totalling each month in mails 20s, and for the ejection of the said Patrick's and Janet's goods from the said houses and the breaking of the said goods causing injury to them to the value of £10, as was alleged, both the said parties being present in person, the said William Ferry admitted the occupation of the said houses but denied the ejection and breaking of the said goods, the lords auditors appoint 11 January next, with continuation of days, for the said Patrick and Janet to prove the value of the mail of the said houses occupied by the said William for the aforesaid time, and also to prove that the said William threw out the said goods and how much they were injured through this, and as much as is proved on the said day they shall be contented for, and ordain them to have letters to summon their witnesses, and both the parties are summoned according to the act.
[1482/12/58]*[print] [email] [cite] [preceding] [following]
The action and cause between John of Murray of Polmaise, Walter Bertram, burgess of Edinburgh, John of Dalrymple of the Lecht, and Andrew Ferguson, on the one part, and David Blair of Adamton, on the other part, touching the breaking of a ship pertaining to the said persons, is continued by the lords auditors until 11 January next, with continuation of days, and ordain that the said person summon their witnesses to prove that the said David Blair was the cause of the breaking of the said ship, and [that] letters be given to them to summon their said witnesses, and both parties are summoned according to the act.
[1482/12/59]*[print] [email] [cite] [preceding] [following]
The action and cause pursued by [Henry Abercrombie], abbot, and convent of Cambuskenneth against Sir John of Sandilands of Calder, knight, for the wrongful detention and withholding from them of a silver basin and a silver ewer containing 60 ounces of silver, pertaining to the said abbot and convent, as was alleged, is continued by the lord auditors until 11 January next, with continuation of days, and ordain that the witnesses' [depositions] now taken be closed and kept until the said day, and that the said abbot and convent have letters to summon more witnesses, if they have any, for the said day, and both parties are summoned according to the act.
[1482/12/60]*[print] [email] [cite] [preceding] [following]
John of Balfour compeared before the lords auditors and protested that because William Dais caused him to be summoned to his suit but would not compear to pursue him, that therefore etc.
[1482/12/61]*[print] [email] [cite] [preceding] [following]
John of Moncreiffe compeared before the lords auditors and protested that because Andrew Ramsay of Balmonth and Paul Ramsay, his son, caused him to be summoned to their suit but would not compear to pursue him, that therefore etc.
[1482/12/62]*[print] [email] [cite] [preceding] [following]
In the action and cause pursued by Sir Alexander Lauder of Halton, knight, against John [Somerville], lord Somerville, for the wrongful withholding from him of the sum of 100 merks of the usual money, according to the tenor of his obligation, both the said parties being present in person, because it was alleged by the said John, lord Somerville that that sum was promised for marriage and joint infeftment [was] to be given by the said Sir Alexander of 40 merks worth of land to the said John's daughter and the said Sir Alexander's son, and alleged by the said Sir Alexander that he had given the said 40 merks worth of land on joint infeftment according to the form of his bond, the lords auditors appoint 11 January next, with continuation of days, for the said Sir Alexander to prove that he has given the said 40 merks worth of land in joint infeftment as is said, which being proven the said lords auditors decree and deliver that the said John shall satisfy and pay the said Sir Alexander the said sum of 100 merks according to the form of his obligation shown and produced before the said lords, and ordain the said Sir Alexander to have letters to summon his witnesses, and both parties are summoned according to the act.
[1482/12/63]*[print] [email] [cite] [preceding] [following]
The lords auditors decree and deliver that Alexander Reid, burgess of Aberdeen, shall satisfy and pay Master David Guthrie, parson of Aberdour, the sum of 24 merks of the usual money according to the form of an instrument shown and produced before the said lords, in which he bound himself to pay the said sum to the said Master David as was clearly understood by the said lords, and ordain letters to be written to distrenzie him of his lands and goods for that.
[1482/12/64]*[print] [email] [cite] [preceding] [following]
The lords auditors decree and deliver that Andrew Balfour shall use and enjoy the tack of the two parts of the lands of Balledmonth set to him by Jaket Bonar and to Jaket Bonar by James Bonar, his brother, and to the said Andrew, with consent of the said James, for 10 merks of mail for the terms of 5 years from Whitsunday [May/June] was a year, through the proof produced before the said lords according to the tenor of the acts previously made by the lords of council thereupon, just as was sufficiently proven before the aforesaid lords auditors.