Subject_1 FORUM COMPETENS. Subject_2 DIVISION. II.
Forum Competens Ratione Domicilii.
Walker v. Brown
Date: 18 June 1674 Case No. No 9.
Action for teinds might be prosecuted before the bailie of regality.
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Mr George Walker as chamberlain to the Earl of Tweddale pursues Brown of Finmouth for the teinds of his lands, especially for the fifth of his rent, as the worth thereof. Brown raises advocation on this reason, that the pursuit was before the Bailie of the regality of Dumfermling, who is the Earl of Tweddale's depute, and so decreet cannot be taken in the Earl's own court, in name of his chamberlain for his behoof, and thereby the Judge is not competent, at least is most suspect. It was answered, That the reason is not relevant, otherwise Lords of regality, or other Lords or Barons could not pursue their own tenants or vassals in their own court, which yet is without question; and these teinds being a part of the Earl's rent, the pursuit therefore cannot be advocated upon that ground. It was replied, That though the mails and duties of property, or other rents liquidated, may be pursued for the Earl's behoof in his court; yet this is not liquidated by a valuation, but the fifth of the rent is pursued for.
The Lords repelled the reasons of advocation. See Jurisdiction.
