Category: Scotland

L Drummound v Robert Steuart: SCS 28 Mar 1549

Gif ony man sellis or annalzies landis heritablie, or settis the samin in tak and assedatioun to ane uther, titulo oneroso, or with general clause of warrandice alanerlie, he may not be compellit to warrand the samin fra ward, releif or non-entres; because na persoun may be callit and convenit for warrandice of ony landis annalzeit and disponit be him, fra ward, releif or non-entres, except he be speciallie and expreslie bund and oblist thairto; because ward, releif, and non-entres pertenis to the superiour be the commoun law of this realme, fra the quhilk na man is exemit, and sould be knawin to all our soverane Lordis lieges; and thairfoir the uther sould impute it to himself, gif he, not makand special provisioun heiranent, incurris ony skaith throw his awin negligence and inexcusabill ignorance.

[1549] Mor 16565
Bailii
Scotland

Scotland

Updated: 09 January 2022; Ref: scu.558103

Abbot of Paisley v Crichton: SCS 1 Mar 1548

The Lords, by interlocutor, decerned them competent judges to proceed against Mr William Crichton, priest of St Giles’s kirk, accused before them for baratry; because, as was alleged, he impetrate the Bailie of Dunkeld in Rome without license of the Queen or Governor, contrary to the act of Parliament; notwithstanding he alleged he ought not to answer before them, by reason that he was clerk, and a kirkman, and the Lords were but temporal judges. The Abbot of Paisley was his contrary party, and the Queen’s Advocate, and others, dissented to the interlocutor.

[1548] Mor 7322
Bailii
Scotland

Scotland

Updated: 09 January 2022; Ref: scu.558090

Auld Town of Aberdeen v New Town: SCS 1 Jun 1549

The Auld Town of Aberdeen got charges against the Provost, Bailies, Council, merchants and craftsmen of the New Town of Aberdeen, for finding of lawburrows to them under several pains respectively: And in like manner the Laird of Ferne got charges against the Provost, Bailies, and Council of Rutherglen, for finding lawburrows to them, in June 1595, and the year preceding, one Crichton against Sanquhar.

[1549] Mor 8026
Bailii
Scotland

Scotland

Updated: 09 January 2022; Ref: scu.558106

Janet Montgomery v John Hamilton: SCS 22 Mar 1548

In actions of spuilzie and ejection, the pursuer ought and should libel possession, and violent ejection, and prove them both sufficiently; and it is not requisite that he libel any title: But if he libels a title with his possession, it is not necessary to prove the same, but ought and should show the same, quia tenetur ostendere, sed non probare.

[1548] Mor 14731
Bailii
Scotland

Scotland

Updated: 09 January 2022; Ref: scu.558091

Laird of Blairquhan v Duncan Crawfurd: SCS 3 Jun 1549

Gif ony man makis warning to ane uther, to flit and remove fra ony landis or possessioun, and, efter the making of the samin, takis and ressavis fra him ony maillis of the samin landis, of ony termis then bypast, and exoneris and dischargis him thairof, he may not persew him to remove fra the saidis landis be resoun of the foirsaid warning: And gif he quha is warnit removis not, the maker of the warning may not call nor persew him for violent occupatioun; because, be ressaving of the maillis foirsaid, he ratyfyit and approvit him tenent, and tacite past fra the said warning

[1549] Mor 6419
Bailii
Scotland

Scotland

Updated: 09 January 2022; Ref: scu.558107

Mr John Henryson v James Henryson of Fordel (No 1): SCS 9 Jun 1548

Minor’s privileges. – Oath. – Process at a minor’s instance to sell land for payment of his debt. – Privilegiatus contra privilegiatum. – How far liable for goods and money furnished to him. – And for money borrowed by his tutor. – May chuse the place of his residence. – Entitled to examine the state of his affairs. – Can a minor pupil contract marriage? – Can a minor be a tutor? – An arbiter? – or a Commissioner of Supply?

[1548] Mor 8913
Bailii
Scotland

Scotland

Updated: 09 January 2022; Ref: scu.558096

Abbot of Holyroodhouse v The Laird of Inverleith: SCS 20 Jan 1549

Gif the landis wer lyand waist be the deceis of his tenentis labouraris thair-of, quha wes ather slane be the enemie, or deceist be the pestilence; or gif ony multitude or armie, not beand enemeis bot confederatis of this realme, or of our Soverane Lady is awin liegis, eates, be oppin force and violence, cornis, or destroyis, reivis and takis away the samin cornis.

[1549] Mor 10142
Bailii
Scotland

Scotland

Updated: 09 January 2022; Ref: scu.558098

Mr John Henryson of v James Henryson of Fordel (No 2): SCS 9 Jun 1548

Minor’s privileges. – Oath. – Process at a minor’s instance to sell land for payment of his debt. – Privilegiatus contra privilegiatum. – How far liable for goods and money furnished to him. – And for money borrowed by his tutor. – May chuse the place of his residence. – Entitled to examine the state of his affairs. – Can a minor pupil contract marriage? – Can a minor be a tutor? – An arbiter? – or a Commissioner of Supply?

[1548] Mor 8913
Bailii
Scotland

Scotland

Updated: 09 January 2022; Ref: scu.558095

Laird of Durie v Stephen Duddingston: SCS 19 Feb 1549

If a tenant or possessor of any room set to him with steelbow goods being ejected or spuilzied of his possession or goods, the action of spuilzie concerning the possession and restitution thereof pertains to the said tenant’s master, but the action of spuilzie concerning the steelbow goods pertains to the said tenant allenarly, because the same is his own by nature of the contract of steelbow, and was in his possession, and not in his master’s.

[1549] Mor 14735
Bailii
Scotland

Scotland

Updated: 09 January 2022; Ref: scu.558101

Home v Hepburn: SCS 22 Mar 1549

In causa Georgius Home de Broxmouth contra Jacobum Hepburn de Kirklandhill, Dominum de Waddel et alios duos penes 4 lib. monetae Scotiae sibi promiss. per illos pro portionibus, viribusque, casu quo, infra certum tempus non deliberaverunt dicto Georgio quendam Anglum ad personam ipsius Georgii, in qua re ipsi defecerunt et exceperunt, quod dicta summa apposita erat nomine paenae adjecta, et quod de practica Scotiae paenae non prestantur nisi quatenus interest, et ipsi offerebant interesse actoris in hoc casu, et ejus liquidationem petierunt ab eo ipso; quia hoc casu paenam simpliciter petebat. Interlocuti sunt domini in re presenti, penes deliberationem angli promissam sub paena, hanc paenam praecise peti posse in odium anglorum, in favorem republicae, nec actorem cogendum accipere interesse, cumque in hoc casu difficillima foret probatio ipsi actori. Et ita definitive condemnarunt reos in dicta paena, licet regulariter, extra hunc casum, de practica regni, paenae conventionales non possunt exigi, nisi quatenus interest actores, quia sapiunt quendam usuram et inhonestum questum, quod de jure canonico vide in cap. ‘Suam,’ exa. de paenis, et in cap. ‘Abbas,’ exa. de iis quae vis metusve causa gesta sunt.

[1549] Mor 10033
Bailii
Scotland

Scotland

Updated: 09 January 2022; Ref: scu.558102

Uuphame Balfour and Her Dochteris: SCS 2 Apr 1550

Curatouris beand lauchfullie chosin be ony minor, sould give thair aith befoir a Judge, the time of thair electioun, of leill and trew administratioun in thair office: and forder, thay sould find cantioun for the samin effect, gif the minor be furth of the realme.
Ane woman may be gevin be a Judge, curatrix to hir awin bairn, speciallie ad negotia, and not ad lites, scho find and cautioun for compt and rekning, and makand faith for leill and trew administratioun in hir office.

[1550] Mor 16222
Bailii

Scotland

Updated: 09 January 2022; Ref: scu.558069

John Cultar v John Logan: SCS 6 Jun 1547

In actiounis of spuilzie or ejectioun, gif the defendar use and propone ane peremptour exceptioun that he intromettit with the landis, gudis and geir alledgit spuilzeit be him, be ane just richt and titill, and it happin the samin exceptioun to be repellit be the Judge, the avail and quantitie of the spuilzie may be referrit to the persewar’s aith; because the defendar, be proponing of that exceptioun, gratitit the committing of the spuilzie and ejectioun.

[1547] Mor 12045
Bailii

Scotland

Updated: 09 January 2022; Ref: scu.558085

A v B: SCS 31 Jul 1550

The saidis Lordis of Counsal are only jugeis competent to the reductioun of all actiounis of takkis and assedatiouns set for liferent, and sufferis na uther jugeis within this realme to procede thairupon, albeit the samin be of teindis or uther dewtie pertening to the kirk.

[1550] Mor 7323
Bailii

Scotland

Updated: 09 January 2022; Ref: scu.558072

DECISIONS of the LORDS OF COUNCIL AND SESSION reported by SIR ROBERT SPOTISWOODE OF PENTLAND: SCS 10 Mar 1547

N. sought to be served heir to his father in certain lands; and the inquest served him negatively; because he neither produced his father’s charter nor sasine. This service was craved by him to be reduced, because he produced before the Lords a decreet of theirs; whereby they had decerned the superior of the same lands to infeft the pursuer’s grandsire in them, to be holden blench. Item, Another decreet wherein the same superior did judicially confess that he had infeft the pursuer’s father in the same lands, conform to the tenor of the first decreet, with a precept of sasine of the said superior’s for giving of sasine to the pursuer’s father. More, a decreet of transumpt of a prothecal before the commissary of Dunkeld, wherein was contained a sasine given by virtue of the former precept of the superior’s. Ex his judiciis licet nullum instrumentum publicum extaret. The Lords reduced the service and retour.

[1547] 1 Brn 115
Bailii

Scotland

Updated: 09 January 2022; Ref: scu.558082