Jurisdiction with regard to Ejection. - Improbation. - Contravention. Process of Transference. - Clandestine Marriage.
La Williamson v. Cushnie
Date: 30 November 1630 Case No. No 197.
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An advocation being sought from the Sheriff of Aberdeen, upon this reason, that he admitted an exception of improbation of a writ, produced before him for the pursuer's title, whereas inferior Judges are not competent Judges to improbations, but only the Lords of Session; seeing inferior Judges are only Judges to improbation of executions and citations, used in process deduced before themselves; this reason was not sustained; for the Lords found, that all inferior Judges are Judges to improbations, of whatsoever writ, used by parties, and produced in any process pursued before them, where the improbation is proponed by way of exception or reply, and where the direct manner is extant, but not otherwise, nor by way of action, nor where the direct manner is not extant; and if they repel any such allegeance of improbation, the Lords found it iniquity, and, being verified, to be a just cause of advocation.
Act. Mowat.Alt. ——Clerk, Hay.
Fol. Dic. v. 1. p. 500. Durie, p. 543.
