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.

William Jameson
v.
Sir John Ker

Date: 14 February 1628

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Mr William Jameson, parson and vicar of Long-Newton, intented an action of reduction against Sir John Ker, for reducing of some tacks, set to the defender, of the parsonage and vicarage teinds of Long-Newton, by umquhile Mr William Henderson, parson there; and, for verifying of his interest, he produced his decreet conform. Alleged by the defender, That, before any process could be granted to the pursuer in that action, he behoved to produce likewise his gift and provision, and that, so much the rather, because it was not given by the patron, but by the Bishop of Glasgow, jure devoluto. And further, the decreet conform could not be a sufficient title to the pursuer to pursue by, because it bore not that the Earl of Morton, who was patron of the said benefice, was summoned thereunto. Replied, No necessity to produce his gift, although given jure devoluto; because, by our practique, a general decreet conform is a sufficient title to a beneficed person to pursue any action concerning his benefice, as long as it stands unreduced. 2do. Where the decreet is alleged null, because the patron was not summoned thereto, it ought to be repelled, in respect of the decreet given against all and sundry, as is only customable to be done in seeking of letters conform. The Lords repelled the exception, and sustained the pursuer's interest.

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