Legal Diligence Executed at a Wrong Place. - Head Court Held at a Wrong Place.
Innes v. Grant
Date: 12 February 1623 Case No. No 14.
Found as above.
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Innes of Cotts, Bailie to the Bishop of Murray, of the regality of Spynie, charged Grant, one of the vassals, to pay the unlaw of L. 50 for many years, as the unlaw for his not compearance at the head court of the regality. Grant suspended, alleging, That Spynie was the place appointed by his infeftment, which was repelled in respect of the jewel-house of the thanrie of Elgin observed as the place of the head court for 30 years bygone, acknowledged by the vassals, and especially by the suspender and his father. Next he alleged that the unlaw was excessive.—The charger answered, That it was according to the act of Parliament.—The Lords modified the unlaw to L. 20 for absence from every head court. Lastly, he said that he could not compear personally, because he held land of the King and other superiors, at whose courts he behoved to compear; and so could not compear personally at the court of regality, but was content to send an attorney. Notwishstanding whereof, the Lords found the letters orderly proceeded, reserving to the suspender his lawful defences, as accords of the law.
Fol. Dic. v. 1. p. 203. Haddington, MS. v. 2. No 2759.
