Judicial proceedings: acts of the lords auditors of causes and complaints

21 May

In the action and cause pursued by Thomas Walker against George of Balsillie, Robert Melville, elder, and Robert Melville, younger, John Strang and John Bonar, that is to say the said George, Robert and Robert and John Strang for the wrongful vexing and disturbing of the said Thomas in the peaceful use and enjoyment of a quarter of the mill of Dron and a house with two acres of land pertaining to it for the time of the past two years, pertaining to the said Thomas through tack, and for the wrongful collection of the multure and profits of the said mill, totalling 24 bolls of oats and 9 bolls of barley, and also the said John Strang for the wrongful spoliation and removal of a horse priced 4 merks, and a wagon priced 30s, and two pairs of harrows, as was alleged, both the said parties being present themselves and through their procurators, and their reasons and allegations heard and understood, the lords auditors decree and deliver that the said persons have done wrong in vexing and disturbing the said Thomas in the using and enjoyment of the said mill, house and land and in the collection of the said goods, and appoint the last day of this May, with continuation of days, to prove the value and price of the goods collected by them from the said lands, and ordain him to have letters to summon his witnesses, and both parties are summoned according to the act to hear them sworn.

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  3. Deleted - 'is continued by the lords auditors until the last day of this May, with continuation of days, and [they] appoint for the said Thom'. Back
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The lords ordain that letters be written to Alexander Leslie of Wardris, James of Shaw of Sauchie and Thomas Simpson, sheriffs of Fife, in that part, or to any two of them jointly, charging [them] to investigate and find out before those of the worthiest of the country who know best and [are] least suspect if the 32 acres of the lands of Dron contested between Thomas Walker, Robert Smith and the rest of the persons contained in the summons, on the one part, and John Bonar, on the other part, are of the farm lands of the Dron, or of the cottage lands or of the mill lands of Dron, and that the said investigation be made on the ground of the said lands, and that they warn the parties to be there in 15 days, and as shall be found by the said investigation that they retour closed again to the king and the lords until 18 June next, with continuation of days, and in the meantime continue the summons until the said day.

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  2. Deleted - 'and the price and value th'. Back
  3. Deleted - 'is continued by the lords auditors until the last day of this May, with continuation of days, and [they] appoint for the said Thom'. Back
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Patrick Murray compeared before the lords auditors and protested that, because he was summoned to the suit of George Robinson and [he] would not compear to pursue him, he being charged to come and pursue him by a macer, therefore he shall not be heard against him in judgement until he has paid his costs and expenses and until new summons [are issued].

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  2. Deleted - 'and the price and value th'. Back
  3. Deleted - 'is continued by the lords auditors until the last day of this May, with continuation of days, and [they] appoint for the said Thom'. Back
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The action and cause pursued by Alexander [Lyon], lord Glamis, on the one part, against Thomas Gray, on the other part, for the wrongful occupation and manuring of the lands of Ballgally, pertaining to the said Alexander through the non-entry of the lawful heir to the said lands as was alleged, and claimed by the said Thomas to pertain to him through tack from Robert Boyd, the son and heir of the late Walter Boyd, and also in the action pursued by the said Thomas against the said Robert for the warrandice of the said lands according to the form of his bond made for that, is continued by the lords auditors until the 18 June next, with continuation of days. And because it is alleged by the said Robert Boyd that the said lands are not in the hands of the said Alexander, lord Glamis because his mother is in joint infeftment of the same, and by the said Lord Glamis that she had renounced and handed over her joint infeftment [at] the time, that the said late Walter Boyd made alienation of the said lands to Andrew Charteris, and offers him to prove the said renunciation and handing over, the lords appoint 18 June next, with continuation of days, for the said Alexander, lord Glamis to prove sufficiently that she has renounced [and] handed over the said joint infeftment, and ordain him to have letters to summon his witnesses, and both parties are summoned according to the act.

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After noon

The lords auditors decree and deliver that David Rossie of that Ilk shall infeft by charter and sasine, in the best form as is fitting, David Rossie, his son and heir apparent, and Isobel of Leighton, his spouse, the daughter of Walter Leighton, in joint infeftment of £10 worth of his lands of Rossie, according to the form of an instrument shown and produced before the lords, because the said Walter Leighton showed a receipt for 20 merks under the said David Rossie's seal for the first terms after the said instrument was made after which payment he should have given the said infeftment, which infeftment being given the lords ordain that the said Walter Leighton shall find Alexander Cant, David Craigie, Walter Ferrier or John Mortimer, burgess of Montrose, or any one of them, full debtors to the said David Rossie for the payment of the sum of 75 merks, which is the rest and complete payment of the said sum, to be paid termly and proportionally according to the form of the said instrument, and ordain our sovereign lord's letters be directed for this.

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  3. Deleted - 'is continued by the lords auditors until the last day of this May, with continuation of days, and [they] appoint for the said Thom'. Back
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Regarding the sum of £32 claimed by James [Douglas], earl of Morton from Alexander Leslie of Wardris through an obligation, because the said Alexander alleges the said sum [was] paid before, and also that Alexander Gordon should warrant him regarding the said sum, the lords appoint 1 July next, with continuation of days, for the said Alexander to prove the said sum [was] paid before, and to call the said Alexander Gordon to warrant him concerning the said sum, and failing that that he shall pay the said sum.

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The lords decree and deliver that David Kintore, burgess of Aberdeen, shall satisfy and pay Margaret, the spouse of the late Laurence Elphinstone, the sum of 39 merks and 13s of the usual money of the realm, collected by him from the third of the lands of Gilkanstoun for the past 12 years as was proved before the lords, and ordain that letters be written to distrenzie him of his lands and goods for that, and the said David was summoned to this action but did not compear.

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  3. Deleted - 'is continued by the lords auditors until the last day of this May, with continuation of days, and [they] appoint for the said Thom'. Back
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The lords auditors decree and deliver that George Porteous of Glenkirk shall satisfy and pay John Inglis of Langlandhill the sum of £31, for which he is bound by his obligation shown and produced before the lords, and ordain that letters be written to distrenzie him of his lands and goods for that and the said George was summoned to this action and often called but did not compear.

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  2. Deleted - 'and the price and value th'. Back
  3. Deleted - 'is continued by the lords auditors until the last day of this May, with continuation of days, and [they] appoint for the said Thom'. Back
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