BAILII [Home] [Databases] [World Law] [Multidatabase Search] [Help] [Feedback]

Scottish Court of Session Decisions
You are here: BAILII >> Databases >> Scottish Court of Session Decisions >> John Home of Blackader v Ninian Chernside. [1546] Mor 2023 (31 July 1546)
URL: http://www.bailii.org/scot/cases/ScotCS/1546/Mor0502023-001.html
Cite as: [1546] Mor 2023

[New search] [Printable PDF version] [Help]

[1546] Mor 2023      
Subject_1 CAPTIVE.

John Home of Blackader
 v.
Ninian Chernside

 Date: 31 July 1546
Case No. No 1.

All actions against a person taken by the enemy, cease till his return.

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

Gif any of our Saverane Lordis liegis be taken be his enemies, and haldin be them in captivitie or prisoner, he may not be callit and perseuit induring the time of the captivitie and subjection, for any action of spuilzie, ejection, thift, slauchter, murther, or other cause, civil or criminal, done or committet by them, or any of thame, until he be releivit, and restorit to libertie.

 Fol. Dic. v. 1. p. 120. Balfour,(Defender.) p. 296.

*** Execution by horning may go on against a captive. See Oliphant against Innes, from. Sinclair MS. voce Legal Diligence.

The electronic version of the text was provided by the Scottish Council of Law Reporting     

BAILII: Copyright Policy | Disclaimers | Privacy Policy | Feedback | Donate to BAILII
URL: http://www.bailii.org/scot/cases/ScotCS/1546/Mor0502023-001.html