Manuscripta juridica

Decisiones curiae supremae Scotiae - Practicks 1592-1624: (1609/11/25 - 1611/7/11) , selected abstracts.

The text (whose decisions are not dated here) corresponds to MS Signet L, 37, and to MS Laing III.429 fol. 288r ss., where the decisions are dated

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Author(s):

• Thomas Hamilton later 1st Earl of Haddington

No. of pages: Fol. 287r-329r

Incipit:

• [{i}First items:{/i}] Ane minor, haveing intented action of reduction of lands acquired and conqueist to him be his father ... [{i}corresponds to Laing III.429, 288 ss.{/i}].

  Ker contra tenents of Lasuadenid. In ane pursute of ane declarator upon ane horning, gifted be the B. of regalitie [{i}corresponds to Laing III.429, 288 ss. Not in Tait's index to Morison{/i}].

  After litiscontestation the pursuer will not be suffered to eik to his reply any new emergent, altho he ... Linaus [= Linhouse] contra Earl of Morray [{i}corresponds to Laing III.429, 288 ss. Not in Tait{/i}].

  A suspension founded upon ane submission, and syn the submission was not produced to verefie.

  Degleiss [= Douglas] contra Anderson. Ane executor may pursue before any judge, but the executors should be pursued before the commissars [{i}corresponds to Laing III.429, 288 ss. Not in Tait{/i}].

  When any partie is actor judiciallie for payment of ane great soume about two hundreth merkes ... Weer [{i}= Weir{/i}] contra Moffet [{i}Tait p. 80, 29 Nov 1609 = Morison 17011, excerpted from Haddington{/i}].

  The bishop of Morray, haveand conveened certaine of his tennents for payment of maills and dewties and services [{i}Not in Tait{/i}].

  A person put in ward and thairafter arreisted under form of instrument be ane other creditor ... Gordon of Auchendor contra Baillies of Dundie [{i}Not in Tait{/i}].

  Ane advocation pursued upon ane suspension and iniquitie of the sherife ... Crichtoun contra Errol [{i}Not in Tait{/i}].

  Laborrows fund be the Laird Kilspindie.

  Ane registratione pursued against ane appearand air, and he renounceand ... Oglovie contra Jackson [{i}Not in Tait{/i}].

  Ane exe(cutor) decerned, pursews ane intromettar with the defuncts goods and gear.

  In ane testament dative, the debts aughtand to the defunct will be only confirmed, and not the debts auchtand be her.

  [{i}Last items:{/i}] In ane action of abstrac(tion) (of) mu(l)tures, and the lybell referred to the defenders aith, altho the multures be liquidate and the cause be civile.

  Ane widow, after the first declaration of her bands and infeftment given be her husband be vertue of the contract of marriage.

  Leith contra Hart. Although ane service and retour be declaratoria juris [{i}Not in Tait{/i}].

  Ane donator to the ward and non-entrie will have right to the years of non-entrie.

  Wayck contra Dickson. Breaking of arreistments and no intimatione made to the breaker thairof will not make him to incur the pain claimed ... [{i}Not in Tait{/i}].

  Gray contra Wardlaw. Na contravention may be pursued before any inferior judge, neither will the half of the paine contained in the act of labarrows ... [{i}Not in Tait{/i}].

  In ane spuilzie ane pa..lar and violent deed proven will infer juramentum in litem for the heall right. Ane contravention pursued upon two deeds, viz. the biggings and shoallings and destroying of woods.

  Ross contra Balnagoven. In ane reduction of ane comprysing, it is not ane sufficient reason grounded upon the execution of the lettres of apprysing ... [{i}corresponds to Laing III.429, 288 ss. Perhaps referring to the same litigation as in Durie's Practicks nr. 217, 1627/2/13 = Tait p. 403-404{/i}].

  Pitsligo contra the Laird of Philorth. Ane consent will not work against ane consenter post jus acquisitum, except it be proven for ane cause onerous [{i}corresponds to Laing III.429, 288 ss., Tait p. 879 = Morison 6425, 1611/1/22{/i}].

  Skeen contra tenents of Athol ... Edinburgh, may be pursued before the Commissaries of Edinburgh, altho the defender be out of their jurisdiction ... [{i}corresponds to Laing III.429, 288 ss. Not in Tait{/i}].

  Sinclair contra the Countess of Eglinton. Ane person debarred be horning, and objection proponed that the samen is null, because in the execution thairof thir essential words conforme to the Act of Parl. [{i}corresponds to Laing III.429, 288 ss. Not in Tait{/i}].

  In ane suspension, na incident dilligence should be granted.

  Lord Stair contra Dalrymple. Objection of ane defect in subscription of ane submission in ane matter of four hundred marks ... [{i}corresponds to Laing III.429, 288 ss.Not in Tait{/i}].

  Matthew contra Gillhaigie. Infeftment given be the husband to the wyfe, stante matrimonio, but any reduction may be annulled be ane private revocatione [{i}corresponds to Laing III.429, 288 ss.Not in Tait{/i}].

  Earl of Eglintoun contra his Lady. Altho the Act of Parliament annull all assignationes made stante rebellione, yet if the lands be disponed before rebellion, the rebell may make ... [{i}corresponds to Laing III.429, 288 ss.Tait's index pag. 155 = Morison 6151 6185, 1610/7/14, excerpted from Haddington{/i}].

  Lord Forbes contra Marquess of Huntley. Be contract of alienatione, the fewer binding him to remove tenents and possess the buyer, betwixt this and a certaine day, with warrandice in caice he faillzie in the promisses, and the buyer possess himself orderly and not the less the same be impugned be ane action of ejection, intended be ane of the tenents upon ane tack. Yett befor the disposition, this failzie will be sufficient distress to inferr warrandice. Finis coronat opus. [{i}corresponds to Laing III.429, 288 ss. The case is mentioned by Tait pag. 172 without a date = Morison 8362, attributed to Colville{/i}]