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Scottish Court of Session Decisions


You are here: BAILII >> Databases >> Scottish Court of Session Decisions >> Wedderburn v Nisbet. [1610] Mor 7326 (14 July 1610)
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Cite as: [1610] Mor 7326

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[1610] Mor 7326      

Subject_1 JURISDICTION.
Subject_2 DIVISION IV.

Jurisdiction of the Court of Session.
Subject_3 SECT. I.

To what Causes this Jurisdiction extends.

Wedderburn
v.
Nisbet

Date: 14 July 1610
Case No. No 59.

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A man being retoured to his predecessor in ward-lands, and his retour quarrelled by reduction, in respect of his minority and less age, qualified by many circumstances in the summons, the defender, in fortification of his retour, offering to prove his perfect age the time of his service, will be preferred. An error of an inquest in civilibus, since the erection of the College of Justice has been tried before the Lords, and proved by witnesses, and not referred to a great inquest.——A man's eldest son compearing in judgment in his father's cause, and proponing allegeances, will be reputed his procurator, albeit he produce no mandate.

Fol. Dic. v. 1. p. 495. Haddington, MS. No 1963.

The electronic version of the text was provided by the Scottish Council of Law Reporting     

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