Scottish Court of Session Decisions

Subject_1 DECISIONS of the LORDS OF COUNCIL AND SESSION reported by SIR ROBERT SPOTISWOODE OF PENTLAND.
Subject_2 Such of the following Decision as are of a Date prior to about the year 1620, must have been taken by Spotiswoode from some of the more early Reporters. The Cases which immediately follow have no Date affixed to them by Spotiswoode.

Scott of Spencerfeild
v.
The Laird of Barn-bougall

1583. November.

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An advocation being craved by Scott of Spencerfeild against the Laird of Barnbougall, his superior, who had summoned him before his own bailie, to hear and see his land decerned in non-entry, some of the Lords were of opinion that it agreed with the law and daily practick, that the superior might be judge, and had ordinary jurisdiction between him and his vassal, (except the question resulted upon heritable right;) for, sicuti habebat jurisdictionem voluntariam in the receiving and entering of his vassal, ita habebat jurisdictionem contentiosam, if the vassal paid not his duties and homages. Others thought it no ways reasonable that he should be judge ubi ageretur de suo commotio; and so the bill was granted.

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