[1488/10/70]*[print] [email] [cite] [preceding] [following]
13 October, the lords auditors sat
In the action and cause pursued by Margaret of Lennox, the spouse of the late Patrick MacLellan of Gilestoun, against Robert Lochcotts, John Ochiltree, younger, Thomas Thornton and David Cairns, for the wrongful detention and withholding from her of the mails and fermes of her lands of Davidston for the past three years and more, annually totalling 6 chalders of oats priced 10s per boll, 14 bolls of barley priced 18s per boll, 5 oxen priced 2 merks a piece, a horse priced 40s, and to fulfil certain points and articles contained in an indenture made between her and Patrick Muirhead as those who become debtor for the said Patrick in the said indenture for the fulfilling of the same, as was alleged, with John Robinson and Patrick March, and for the destruction of her place of Davidston and spoliation of the household furnishings and timber work totalling the value of £10, and for the costs and injuries sustained by her through this, the said David Cairns being present in person, the said Robert, John and Thomas being lawfully and peremptorily summoned, often called but not compearing, the rights, reasons and allegations of the said Margaret seen, heard and understood at length, the lords auditors decree and deliver that the said David Cairns shall content and pay the said Margaret the sixth part of the said victuals and goods according to the form of the aforesaid indenture,† because he made him one of the debtors for the said Patrick, and †that our sovereign lord's letters be directed to distrenzie the said David and his goods for this, and [the lords] appoint 8 January next, with continuation of days, for the said Margaret to prove that the rest of the said persons became debtor for the said Patrick, as is contained in the indenture, and the value of her household furnishings, damage and injuries and the value and of the said corns and goods and that she† †letters be directed to summon her witnesses and the party to hear them sworn. And as for the two persons debtors that she alleges are dead, that she causes the intromitters to be called with their goods for their part of the said goods, deducting to the said persons in the payment of the said corns 4 chalders, a boll and a firlot of oats, which she admitted in the presence of the lords had been paid to her for the said three years.
[1488/10/71]*[print] [email] [cite] [preceding] [following]
13 October, after noon
Janet Bruce and John MacAulay, her spouse, compeared before the lords auditors and protested that because Anselm Cessandris, tutor dative to Euphamy Adornes, daughter of the late Anselme Adornes of Cortachy, knight, caused them to be summoned to his suit but would not compear to pursue them, etc.
[1488/10/72]*[print] [email] [cite] [preceding] [following]
John Ramsay of Kilgour compeared before the lords auditors and protested that because John Dishington of Ardross caused him to be summoned to his suit but would not compear to pursue him that therefore, etc.