Subject_1 FORUM COMPETENS. Subject_2 DIVISION. II.
Forum Competens Ratione Domicilii.
Lo Lorn v. L Panholls.
Date: 3 March 1630 Case No. No 7.
A vassal although infeft cum. curiis still amenable to the superior's courts.
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A pursuit being made by the donatar to the Earl of Argyle his liferent escheat against Graham of Panholls, vassal to the Earl of Argyle, before the Earl of Argyle and Lord Lorn's Baron-Bailie, for payment of the feu-duties contained in his charter of the lands of Panholls, holden of the Earl of Argyle divers years by-past; which being desired to be advocated upon this reason, because he was infeft in his lands cum curiis, &c. whereby he was not obliged to compear in his superior's court, being by that clause exempted therefrom; This reason was not sustained, for the Lords found, that the vassal, albeit infeft cum curiis, was not thereby exempted from his superior's courts; but that notwithstanding thereof he was subject to his courts; and that by that clause he had only power to hold courts upon his own tenants of that ground for his farms, or for wrong done amongst themselves, which also was not privative of the over-Lord's jurisdiction; and if the vassal himself should do wrong, or commit blood, he might be convened therefor in his over-Lord's court, notwithstanding that he was infeft cum curiis; but the cause was advocated, because the pursuit was at the instance of the donatar to the Earl of Argyle his liferent, which could not be disputed before the Lord Lorn his Baron-Bailie. See Jurisdiction.
Act. Miller.Alt. Fletcher.Clerk, Gibson.
Durie, p. 498.
