Scottish Court of Session Decisions

Subject_1 DECISIONS of the LORDS OF COUNCIL AND SESSION, reported by SIR ALEXANDER GIBSON, OF DURIE.

The Bishop of Dumblane
v.
His Vassals

Date: 8 March 1626

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In an improbation, pursued at the instance of the Bishop of Dumblane against his Vassals, an exception being proponed for the Laird of Kers-Crawford, who was minor, that he was not lawfully summoned, because his tutors and curators were not summoned at the market-cross of the head-burgh of the sheriffdom where the minor dwelt, nor where his land lay, but at the market-cross of another sheriffdom, where neither they nor the minor had any lands or dwelling; which was alike as if they not been summoned at all, and who, if they had not been summoned, process could not be granted against the minor;—this allegeance was repelled hoc loco; for the Lords found that they could not, in this process, take trial where the minor or his curators dwelt, or his lands lay, and so would not receive this exception of alibi in this cause, but reserved to the defender his action to reduce thereupon, as accords.

Act. Aiton. Alt. Belshes. Hay, Clerk.

Vid. 26th July 1625, L. Rankilor.

Page 191.