The Court of Session competent to judge of the nullities of a decree of the commission for plantation of kirks.
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In a review of a decreet at the instance of a Minister against the Earl of Roxburgh; the point in question was, whether or no the Judges for the time, or now the Lords of Session, were competent to discuss this nullity, of a decreet of locality, by the commission for plantation, in that it called the Earl's lands expresly designed, to be his lands, and he was not called.
The Lords found, that albeit they would not decide upon the nullities of the decreets of the commission competent by way of reduction, which behoved to be before the commission itself; yet this nullity being palpable and competent by exception, or suspension, that they might thereupon suspend simpliciter, the decreet of the commission.
Stair, v. 1. p. 158.
*** This case is reported by Gilmour, No 39. p. 2195. voce Citation.
