Category: Scotland

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

Ogilvie v -: SCS 15 May 1547

In causa redemptionis certarum terrarum, mota per—Ogilvie contra—, Domini decreverunt, terras non esse legitime redemptas, ex eo quod reversio continebat pecunias dandas debere esse, boni auri et argenti, et instrumentum consignationis et numerationis continebat bonam partem summae in reversione contentam fuissie, in lie placks Scots, quae non sunt de bono auro nec argento, et reversiones sunt juris stricti, et in specie impleri, et sic si continueret erversio, summam, pecnuiae in obulis, non liceret in quacunque alia pecunia auri vel argenti solutionem facere.

[1547] Mor 13441
Bailii

Scotland

Updated: 09 January 2022; Ref: scu.558083

A Frenchman v An Englishman: SCS 17 Dec 1550

The Lordis of Counsal ar jugeis competent betwixt stranger and stranger, in all civil actiounis, etiamsi agatur de rebus extra regnum per eos emptis vel conductis, and sould decern and judge thairanent conform to the commoun law, and not efter the municipal law of this realme.

[1550] Mor 7323
Bailii

Scotland

Updated: 09 January 2022; Ref: scu.558075

A v B: SCS 5 Feb 1550

In an action for delivering of an obligation, for proving thereof was an instrument produced; to the which were only three women witnesses, which was thought insufficient, because there was no man inserted therein

[1550] Mor 16649
Bailii
Scotland

Scotland

Updated: 09 January 2022; Ref: scu.558066

Hoppringle v Ker: SCS 20 Jul 1541

If the king dispone, in his minority, any of the lands annexed to the crown, and, after, revoke the same in Parliament, the same alienation is null of itself, and needeth no declarator; but, if lands come in his hands by forfeiture, recognition, or other casualty, and be disponed by him in his minority, the same alienation, being revoked in Parliament lawfully, ought and should have a special declarator of a judge conform thereto; without which, he to whom it was disponed cannot be put from his possession.

[1541] 1 Brn 113
Bailii
Scotland

Scotland

Updated: 08 January 2022; Ref: scu.557228

Henderson v Henderson: SCS 25 Oct 1889

The Married Women’s Property (Scotland) Act 1881 permits parties married before July 18, 1881, to declare by mutual deed that the wife’s whole estate, including such as may have previously come to the husband in right of his wife, shall be regulated by the Act; and provides that upon registration and advertisement of this deed as specified, the said estate shall be vested in the wife, and subject to the provisions of the Act.
A woman who possessed the stock and plenishing of a farm and the furnishings of an inn was married in February 1881. The spouses voluntarily separated in November 1882, and the husband allowed his wife to retain possession of the stock and plenishings of the farm and inn. He made no allowance for aliment. In 1888 the spouses were mutually divorced.
Held that the stock and furnishings which had passed to the husband jure mariti remained his property, as no mutual deed under sec. 4 of the Married Women’s Property Act of 1881 had been executed, and as there was no evidence of intention on the husband’s part between 1882 and 1888 to re-transfer this property to his wife.

[1889] SLR 27 – 23
Bailii
Scotland

Family

Updated: 08 January 2022; Ref: scu.614250

A v B: SCS 27 Jun 1538

Gif ony persoun be bund and oblist as sovertie for ony tutor, for faithfull administratioun in his office, and for compt and rekning, to be gevin be him of his intromissoun; the pupill, at his perfyte age, hes gude title and actioun to persew the sovertie for recoverie and redress of all sic thingis, in the quhilk he hes bene damnifyit be his tutor during his tutorie.

[1538] Mor 16219
Bailii
Scotland

Scotland

Updated: 08 January 2022; Ref: scu.556768

The Honourable Alexander Hume Campbell v David Hume, Esq Sheriff-Depute of Berwickshire, and John Sinclair: HL 1 Mar 1743

No action lies upon this statute against the Sheriff, for making a double return; but action lies against the clerk chosen by the minority of the meeting, who secede from the rest, for returning to the Sheriff the candidate elected by that minority. ( – Member of Parliament. – Act 7. Geo. II. c. 16.)

[1743] UKHL 1 – Paton – 346, (1743) 1 Paton 346
Bailii
Scotland

Elections

Updated: 08 January 2022; Ref: scu.556794

The King v Laird of Calderwood: SCS 4 Feb 1537

Landis pertening to the Prince of Scotland, and beand annext to the principalitie, may not be set in feuferme, nor annalzeit, without consent of the Prince. And gif the King dispones the samen landis, makand na mention in his disposition that he disponit them as Prince, the infeftment, alienation, or disposition, is of nane avail and may be reducit.

[1537] Mor 11685
Bailii
Scotland

Scotland

Updated: 08 January 2022; Ref: scu.556767

David Vallange v William Scot: SCS 6 Oct 1531

Gif ony person persew ane uther for gudis, geir, or ony uther thing quhilk was sumtime in his possessioun, and quhilk he hes fraudfullie absentit and put away, he may be callit and persewit like as gif the samin were presentlie in his possessioun; quia qui dolo desiit possidere, pro possessore habetur.

[1531] Mor 10597
Bailii

Scotland

Updated: 08 January 2022; Ref: scu.556651

A v B: SCS 10 Jul 1534

Ane bastard deceissand, and leivand behind him bairnis Iauchfullie gottin of his bodie, beand of les age and pupillis, without ony tutor testamentar, left be thair father to thame, in his testament or latter will, the King may give to thame ane tutor, because thay cannot have ony agnat or kinnisman of the fatheris side.

[1534] Mor 16219
Bailii

Scotland, Wills and Probate, Family

Updated: 08 January 2022; Ref: scu.556666

Gilbert Inglis v Mr Alane Inglis: SCS 20 Jun 1532

Witnesses beand ressavit and examinat for probatioun of ony summoundis or alledgeance, gif the partie, at quhais instance thay were producit, and thay thairefter alledge, that thay wer not examinat be the Judge upon the punctis of the summoundis or alledgeance; or that the clerk, writer of their depositiouns, writ thame not as thay deponit, thay aucht and sould be summoundit, to be of new examinat, and depone and declare the veritie in the matter.

[1532] Mor 16647
Bailii

Scotland

Updated: 08 January 2022; Ref: scu.556654

A v B: SCS 9 Jul 1532

The Lordis of Sessioun alanerlie, and na utheris, ar Jugeis competent to the reductioune of ninetene zeir takkis, and sicklike upon all contraversies, debaitis or reclamatiounis interponit fra ony decreit arbitral, registrat in the buikis of Counsall, like as they, and nane utheris, gevis and grantis letteris to compell parties to fulfill decreitis arbitral, everie ane according to thair awin partis

[1532] Mor 7319
Bailii

Scotland

Updated: 08 January 2022; Ref: scu.556655

A v B: SCS 8 Jul 1534

Ane tutor beand negligent in his office of tutorie in sic thing is as concernis the pupillis weill; or zit gif he be unhabill in the administratioun of his office, the pupill may desire befoir ane Judge ane curatour, tam ad lites, quam ad negotia, to fee adjoinit to his tutor for his help and supplie

[1534] Mor 16219
Bailii

Scotland

Updated: 08 January 2022; Ref: scu.556667

Humphry Rollock v John Striviling of Keir: SCS 16 Jul 1532

If any man be pursued for spoliation and away-taking of any goods and gear, he ought and should be assoilzied therefrom, if he or any in his name, restored really, and with effect, after the committing of the spuilzie, and before the intending of the summons, the same goods and gear to the owner thereof, or to his wife and servants, as good as they were the time they were taken away.

[1532] Mor 14740
Bailii

Scotland

Updated: 08 January 2022; Ref: scu.556656

The Laird of Waughton v Friar James Paterson: SCS 18 Jul 1532

Gif the King grantis or directis ony letteris under his signet and subscriptioun, charging ony of his liegis to do ony deid, under the pane of rebellioun, and putting of him to the horne, and he againis quhom they ar direct not beand callit to heir the samin gevin, the Lordis, at the instance of the said partie, meanand him to thaim thairanent, may suspend simpliciter the saidis letteris, as evil gevin, without ony cognitioun tane in the cause, and decern thame to desist in time coming.

[1532] Mor 7319
Bailii

Scotland

Updated: 08 January 2022; Ref: scu.556657

Elizabeth Creichton v William Hamilton: SCS 21 Feb 1532

Gif ony woman raise an breif to be servit to ony ressonable tierce of her husband’s lands, scho ought and should be kennit and servit to ane tierce of all and haill thay landis in the quhilk her husband deceasit last vest and seasit, and of none utheris, albeit the samen pertaines to her husband, and were disponit be him to ony person in his life-time. And scho being servit to the said tierce, the mailis, profits, and duties of all yieris and terms preceeding her services, sen the deceis of her husband, als weil as after the samen service, enduring her life-time, aucht and should pertain to her, notwithstanding that scho be servit thairto lang after his deceis, because, in this case, tempus deservitionis retrotrahitur ad tempus mortis mariti.

[1532] Mor 15835
Bailii

Scotland

Updated: 08 January 2022; Ref: scu.556652

Janet Stedman, Wife of James Stedman of Kinross v James Stedman of Kinross: HL 6 Feb 1742

HL Divorce – Remissio Injuriae. –
Though a husband, who raises an action of divorce against his wife, on the ground of adultery, does not withdraw himself from his house, where his wife chooses to remain, after the summons is served on her, but eats and sleeps separately, under the same roof, he is not held to cohabit with, or to be reconciled to her, so as to raise the plea of remissio injuri as a bar to the action; and, therefore, that plea was, in this case, repelled.

[1742] UKHL 6 – Paton – 675
Bailii
Scotland

Family

Updated: 07 January 2022; Ref: scu.556479

The King v Alexander Forestar, Provest of Corstorphin: SCS 12 Mar 1529

The narrest agnat and cousing of the fatheris side aucht and sould be lauchfull tutor to the pupill, gif he be of lauchfull age, and immediat to succeid to the pupill, gif it happin him to deceis without airis of his bodie, quhidder the said agnat be ane Abbot or uther ecclesiasticall persoun; the quhilk, be the law and consuetude of this realme, are not secludit fra successioun, and swa consequentlie aucht to be admittit to the office and charge of tutorie; quia ubi est spes et commodum successionis, ibi et onus tutelae esse debet.

[1529] Mor 16217
Bailii

Scotland

Updated: 07 January 2022; Ref: scu.556375

James Sandilandis of Calder, v Edmund Sinclair: SCS 28 Jul 1529

Gif ony man maryis ane heretrix of landis, haldin be service of ward and releif and thairefter scho deceis, leivand behind hir bairnis gottin betwix thame, male or female, the keiping of the saidis bairnis, beand minoris, and within perfeit age, pertenis to the superiour of the saidis landis; for he aucht and sould have thame deliverit to him, and have thame in his keiping, that he may dispone upon thair mariage; and in this cais he sould be preferrit to thair father, and uther kinnismen or freindis quhatsumever.

[1529] Mor 16217
Bailii

Scotland

Updated: 07 January 2022; Ref: scu.556377

Alexander Forestare of Costorphine, v William Forestare His Tutor: SCS 6 Dec 1528

SCS Gif ony tutor deburse and pay of his awin proper gudis, induring the time of his tutorie, to the utilitie and proffeit of his pupill, or to the confirmatioun or reparatioun of his housis, or heritage, as in redeming of wodset landis pertening to the pupill; the pupill being furth of tutorie, or within the age of tutorie, and under ane uther tutor, aucht and sould restore and deliver the samin to his tutor.

[1528] Mor 16217
Bailii

Scotland

Updated: 07 January 2022; Ref: scu.556373