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The Lordis of Counsal are jugeis competent in causis of transferring of all decreitis, contractis, or obligatiounis gevin be quhatsomever judge, spiritual or temporal, actit and registrat in their buikis.
Balfour, No 10. p. 269.*** Maitland reports this case:
In the action pursued by John Balfour against Mr Alexander Balfour his brother, and son and heir to Andrew Balfour their father, for transferring of a contract made betwixt the said Andrew and the said John pursuer, acted in the consistory books of St Andrew's, it was alleged by the said Mr Alexander, pursuer, that the said action ought not to be pursued before the Lords of Council, but allenarly before the official of St Andrew's, and commissaries thereof, in whose books the said contract was inserted; which allegeance of the said Mr Alexander was repelled by the Lords; and found, by interlocutor, that they were judges to all transferring of all contracts and decreets, given by whatsomever judge, spiritual or temporal, acted in the books; and ordained the contract, above written, to be transferred in the said pursuer passive, notwithstanding the allegeance foresaid.
