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Scottish Court of Session Decisions >>
The Laird of Caskiben, Supplicant. [1630] Mor 14420 (6 March 1630)
URL: http://www.bailii.org/scot/cases/ScotCS/1630/Mor3314420-004.html Cite as:
[1630] Mor 14420
What Court competent to serve? - Service more burgi.
The Laird of Caskiben, Supplicant
Date: 6 March 1630 Case No. No. 4.
Brieves may be directed to any judge to serve a man heir in general, though he do not live within that jurisdiction.
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A supplication given by the Laird of Caskiben, craving, that no warrant might be granted by the Lords to discharge brieves out of the Chancellory, direct to the bailies of the Canongate, for serving of him before them general heir to one of his ancient predecessors, viz. the Laird of Dalgetie; the Lords doubting hereupon amongst themselves, found, that brieves for serving of any party general heir to their predecessors, might be served before any judge within the kingdom, to whom the brieves were directed out of the Chancellory, and that that judge, (whosoever had jurisdiction) might proceed in these general services, the same not being special services to land, and that this hath been the usual custom before, albeit neither the impetrator of the brieves, nor his predecessor, to whom he was to be served general heir, did ever dwell or remain within that judge's jurisdiction.
