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.

Uthred Mackdougal of Mondurk
v.
Robert Cockburn of Butterdeen

Date: 13 January 1630

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Uthred Mackdougal of Mondurk pursued a contravention against Robert Cockburn of Butterdeen, and some others. He libelled, That the defender had come upon his wife's conjunct-fee lands, pertaining to him jure mariti, and there had carried away so many threaves of corn off his land. Alleged, He having got the right of the teinds of his lands, for that year, from the relict of the parson of Oldhamstocks, to whom they pertained jure annatæ, he had intromitted with the corns libelled, by virtue of that right, as the teinds of the said lands; and so did no wrong. Replied, He could not lawfully do it, because the relict herself could not have led the teinds, not having served inhibition before; seeing the pursuer, the year preceding, had led his own teinds by a right made to him for that year by the parson defunct. The Lords found, in respect there was no violence libelled, and that the defender clothed himself with a title, (whether good or not, the same thing,) that the libel was not sufficient to infer a contravention. Next he libelled, that the defender and his accomplices had violently pulled his sword from him, broken the hingers thereof, and kept it ever since, to his great disgrace. Alleged, He offered to prove that he did it in his own defence, the pursuer having offered to draw his sword, by which they feared to have incurred skaith. The Lords found this allegeance relevant.

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