Subject_1 DECISIONS of the LORDS OF COUNCIL AND SESSION, reported by SIR JOHN LAUDER OF FOUNTAINHALL Subject_2 SUMMER SESSION.
Anent Inferior Judges
Date: 13 June 1677
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I think no inferior judge competent to actions of declarators, of commission, of irritant clauses, or back-tacks in improper wadsets, &c. See the act in 1672, anent the regulations of the session.
I think it also a good reason of suspension and reduction of an inferior decreet, that the court was not kept at the usual place, and that no legal intimation of the charge was made. And thir two grounds were so far sustained, that the Lords turned the decreet into a libel; (it being in absence, holding tenants as confessed upon exorbitant quantities;) and deponed the tenants to their oaths, as to their true verity, in the case of Kennan contra Carlylle, &c. See the information of it beside me. See Dury, 23d January, 1624, Meldrum and Meldrum. See Craigie's Collection verbo Escheats.
