Seaton of Pittedie v. James Kinghorn and the Laird of St Monans
1589.
June. Case No. No 1.
An inferior Judge was found competent to a transumpt, altho' the party called as defender was not within his jurisdiction, being cited by letters of supplement from the Lords.
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Seaton of Pittedie having pursued James Kinghorn and the Laird of St Monans before the Bailie of the regality of Dunfermline, to hear and see an instrumenr transumed, obtained decreet, and thereupon charged them to deliver to him a reversion sealed, which they were bound to do by the instrument. The Laird of St Monans suspended, and alleged, That the transumpt ought not to have place, because the decreet of transuming was given a non suo judice, he not being subject to the bailie's jurisdiction. Answered, That the bailie was judge competent to the notary and the party that was summoned by letters of the Lords of Session to compear before him, and an evident might be transumed before any judge ordinary. The Lords sustained the decreet of transumpt, though he was not judge ordinary, or competent to the defender.
Fol. Dic. v. 1. p. 548. Spottiswood, (Transumpts.) p. 343.*** Colvil reports this case.
Seaton of Pittedie pursued one having transumed an instrument before the bailie of the regality of Dunfermline, and to that effect summoned James Kinghorn and the Laird of St Monans, who was bound in the instrument to give a reversion sealed to the pursuer, to hear and see the said instrument transumed. It was alleged by St Monans, who was minor, that the transumpt could not to have place, because the bailie of the regality of Dunfermline was not his judge competent, and so the decreet of transuming was given a non suo judice. Answered, that the bailie was judge competent to the notary, and the party was summoned by letters of the Lords of Session to compear before the said bailie; and an evident might ay be transumed before any judge ordinary. The Lords found the bailie might have transumed, although he was not judge competent, or ordinary judge to the defender.
