Summons of Removing:
Alex Ross agt.
Johyn Gordon and others
1810
Mandate filed 4 April 1810
Thos. Gunn
Dornoch 23 May 1810
Precept Extracted
By Thomas Gunn
George Cranston Esquire advocate Sheriff Depute of the shire of Sutherland to ….….….….….….….….….….….….….….….… my officers in that part Generally and Severally specially Constituted
Greeting
Forasmuch as it is humbly meant and shown to me by Alexander Ross, Tacksman or Principall Tenant of Navidale, Cain and others aftermentioned lying in the Parishes of Loth & Kildonan and County of Sutherland that by the act of Sederunt of the Lords of Council and Session dated the fourteenth day of December seventeen hundred and fifty six Entituled Act anent Removings, it is provided that it shall be lawfull /
lawfull to the Heritor or other Setter of the Tack in his option either to use the order prescribed by the Act of Parliament made in the year fifteen hundred and fifty five intituled Act anent the Warning of Tenants and thereupon to pursue a Removing and Ejection or to bring his action of Removing against the tenants before the Judge Ordinary and such action being called before the Judge Ordinary at least forty days before the Term of Whitsunday shall be held equal to a Warning exacted in terms of the forsaid Act and the Judge shall thereupon proceed to determine the Removing in terms of that Act in /
in the same manner as if a Warning had been executed in terms of the foresaid Act of Parliament And True it is that John Gordon in Cain, Elizabeth Sutherland mother to the said John Gordon there, George Mackay, in Cainmore, Robert Gunn, Gilbert Mitchell, James Mackenzie, George Mackenzie, Ann Polson, Charlotte MacLeod, John Murray, Joseph Mitchell, John Sutherland and Bessy Macleod all in Navidale or in parts or pendicies thereto belong and all movable tenants at the Will of the Pursuer from their respective possessions and Occupation and although the Pursuer intends to have them removed therefrom at the term of Whitsunday next Yet they mean as /
mean as the Pursuer is informed to keep violent possession and will not remove unless compelled. Therefore the said John Gordon in Cain, Elizabeth Sutherland, George Mackay, in Cainmore, Robert Gunn, Gilbert Mitchell, James Mackenzie, George Mackenzie, Ann Polson, Charlotte MacLeod, John Murray, Joseph Mitchell, John Sutherland and Bessy Macleod, Defenders Ought to and Should be Decerned and Ordained by Decreet and Sentence of me or my Substitute to flit and Remove themselves, Wives Bairns family, servants Subtenants and Cottars Defenders and whole good and effects furth and from
the possession of the said Lands and others at the terms of Removall after mentioned viz from the Houses Gardens and Grass at the time of Whitsunday Eighteen hundred /
/ hundred and ten and from the arable land under crop at the Separation of crop Eighteen hundred and ten from the Ground and to leave the same Void and ridd to the end the Pursuer or others in his name may at the forsaid respective terms enter thereto and peaceasbly Bruil and enjoy the same in all coming hereaftr Conform to the Laws and daily practice of Scotland used and observed in the like cases Herefor my Will is and I command and Charge You that you in his Majestys name and authority & mine lawfully summon Warn and Charge the said John Gordon, Elisabeth Sutherland, George McKay, Robrt Gunn, Gilbert Mitchell, James Mackenzie, George Mackenzie, Ann /
Ann Polson, Charlotte MacLeod, John Murray, Jospeh Mitchell, John Sutherland, and Bessy MacLeod, Defenders personally or at their respective dwelling places to compear before me or by Substitute at Dornoch at Ordinary Court place thereof the thirtieth day of March current in the hous of Cain with continuation of days to answer at the Instance of this and pursuand in the matter lybeiled with Certification as I give According to Justice. The which to do etc. Given under the hand of the Clerke of Court at Dornoch the Seventh day of March 1810.
| Dornoch 30th March 1810 | [signed] Wm Taylor | |
| Sh Clk | ||
| Lodged with execution with | [signed] Wm Taylor | |
| Dornoch 4 April 1810 | Sh Sub Judge |
The Pursuer compearing by Hugh Leslie writer as his procr as per lawful mandate who produced summons and execution against the Defenders and craved decreet and the Defenders being called and all failing to compear.
The Sheriff holds the Defenders as confessed and decerns against them in the Removing in terms of the Lybell.
Rob Mackid
Source: NRS, Sheriff Court Records, SC9/7/60/Bundle 1810E, Item A.