Scottish Court of Session Decisions

Subject_1 DECISIONS of the LORDS OF COUNCIL AND SESSION, reported by SIR ROGER HOG OF HARCARSE.

Major Murray
v.
Baillie of Torwoodhead

Date: 23 June 1688

Click here to view a pdf copy of this documet : PDF Copy

Major Murray having pursued Baillie of Torwoodhead, as heir of line to the late Lord Bramfoord,—he alleged, That the Lady Forrester, the Lord Bramfoord's heir of line, who had right to his estate, ought to be first discussed. Answered for the pursuer, That it is declared, by a decreet of Parliament, that my Lord Bramfoord's estate, for preservation of the family, should fall and belong to Edward Ruthven, his grandchild, passing by his mother, the heir of line; which decreet of Parliament cannot be called in question by any inferior judge: and though it be quarrellable, as unjust, before the Parliament, yet creditors are only obliged to discuss the heir of line's unquestionable estate. Replied for the defender, That decreets of Parliament ought only to stand as to persons cited, and not as to such as were never called thereto. Now, the creditor, pursuer, was not cited, but only the Countess Dowager of Bramfoord, and that upon a bill, too, without a process. Duplied, The Act of Parliament, declaring, that sentences of Parliament are not to be quarrelled by inferior judges, doth not distinguish whether parties be cited or not, or if there be or be no compearance; and decrees of Parliament fall not under the act salvo jure. The Lords sustained the duply, and decerned against the heir of tailyie.

Page 13, No. 72.