Jurisdiction of Proprietors who are not the King's Vassals. - Jurisdiction of those who are infeft cum curiis.
Hay v. Crichton
Date: 26 July 1627 Case No. No 262.
The Lords refused to sustain a decree obtained by a landlord against his tenant, in his own Court, being for another cause than the duty of the ground.
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Crichton being infeft in Creichie, holden of the Laird of Wardes cum curiis, pursues John Hay, his tenant, in his own court, before his own bailie, for other debts alleged owing to him, than the duties of the ground; this Crichton being addebted to the said tenant for a certain sum of money upon bond. Hay registrates the bond, and charges his master to make payment. The master suspends and craves the benefit of compensation of the said sums, recovered against his tenant in his own court. The Lords would not allow compensation of such debts.
