A decree given by a Commissary, on a contract registered in his books, was reduced.
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It was found by the Lords in an action of suspension betwixt the Laird of Greenock and——, That the Commissaries could not be proper judges to an action of transferring of a contract, in the person of the heir of the contractor; albeit the contract itself was registrated in the Commissaries books, conform to a clause of the contract, whereby the parties consented to the registration thereof in their books; and therefore in that suspension summarily, the Lords found the decreet of transferring given by the said Commissaries null, as not proper to their jurisdiction, albeit the contract was registrated in their books.
Act Lawtie.Alt. ——.
Fol. Dic. v. 1. p. 494. Durie, p. 5.
