Power of advocating Causes. - Power of advocating from one Court to another, where the Court of Session itself has no jurisdiction in the Cause.
Cuninghame v. Drumquhassie
Date: 18 February 1567 Case No. No 121.
The Lords have power to advocate from inferior courts, not only for iniquity, but on account of the importance of the matter, such as the performance of a bargain relative to lands.
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Anent the action pursued by Agnes Cuningham, one of the daughters and heirs of the umquhile Laird of Polmaise, against the Laird of Drumquhassie, anent reclamation made by the said Agnes, from a decreet-arbitral given by certain Judges, betwixt her and the said Laird, alleging that she was enormly hurt, by giving of the said decreet, which ordained her to give over certain lands pertaining to her in heritage, to the said Laird, for a small sum of money and certain other lands;—it was alleged by the said Laird, That she was not hurt by the said decreet, because he was ordained by the same to give a sum of money together with infeftment of a great quantity of lands heritably to the said Agnes. It was alleged by the said Agnes, That the said lands that the said Laird should give to her pertained heritably to Janet Cuningham, her sister german, who deceased without heirs of her own body, to whom she was nearest and lawful heir to the said lands. It was alleged by the said Laird, That the said Janet, before she deceased, infeft him heritably in the said lands. It was alleged by the said Agnes, That that infeftment was made upon the said Janet's death-bed, she being deadly sick, likeas she was twenty days before, and deceased of the said sickness within three days after the making of the said infeftment. It was alleged by the said Laird, That notwithstanding the said Janet deceased, as said is, yet the said infeftment is good enough in itself, because the same passed upon a contract made two months before the said Janet's decease, obliging her and her heirs to make the said infeftment to the said Laird of the said lands heritably; and the whilk time of the making of the said contract she was in good and sufficient health of her body, likeas she was many days thereafter, using and doing her lawful business in the country, repairing to kirk and market, at her pleasure, in sufficient health; and therefore the said infeftment passed upon the said contract made long before, as said is, was good and sufficient in itself; which allegeance of the said Laird was found relevant, and admitted to his probation.
