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.

N Somervill
v.
The Minister of Lanark

Date: 10 December 1628

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N. Somervill being presented to an hospital beside Lanark, by the Laird of Lee, patron thereof, sought letters conform to his gift. Alleged by the minister of Lanark, That he was presented to the preceptory of the same hospital by the king; likeas Mr William Birnie was presented thereto before him by the king, and they were in possession of the same twenty-seven years between them: in respect of which presentations bina vice and so long possession, the pursuer could not have letters conform. Replied, Their presentations were given a non habente potestatem, because the king was denuded of the right before in favours of the pursuer's author. The Lords, notwithstanding of the exception, decerned letters conform to be given to the pursuer: for they thought it would come better in to have their rights discussed in a double poinding; seeing the decreet conform made the pursuer's right no better than it was in itself.

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