Scottish Court of Session Decisions

Subject_1 DECISIONS of the LORDS OF COUNCIL AND SESSION reported by SIR ROBERT SPOTISWOODE OF PENTLAND.
Subject_2 Such of the following Decision as are of a Date prior to about the year 1620, must have been taken by Spotiswoode from some of the more early Reporters. The Cases which immediately follow have no Date affixed to them by Spotiswoode.

Thomas Young
v.
Thomas Irving

Date: 27 March 1627

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James Nasmith as principal, and John Irving his cautioner, being obliged to Thomas Young for 400 merks; John Irving dying, Thomas Young raised charges against Thomas Irving, his son, to enter heir to his father; and upon the said charges raised summons of registration before the commissary of Dunkeld, and obtained the said bond registrate against Thomas Irving, as lawfully charged to enter heir: whereupon the said Thomas Young charged Thomas Irving to make payment to him of the sum and annual-rents: who suspended upon this reason, That the said decreet was null, as given a non suo judich; seeing the commissaries cannot be judges to a charge to enter heir, no more than to a decreet given upon a service and retour. To this was opponed, First, The consent of John Irving and his heirs to the registration of the said bond in the commissary's books; so that consensissent in judicem. Secondly, That, by the injunctions given to the commissaries and ratified in Parliament, it is declared that they shall be judges to all and whatsoever processes resulting upon bonds or contracts bearing registration in their books. Thirdly, That the suspender had homologated and acknowledged the said decreet, by payment of six years' annualrent, being charged before for it. The Lords inclined all to find the reason of suspension relevant, if it had not been for the homologation; in respect whereof they found the letters orderly proceeded.

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