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Scottish Court of Session Decisions >>
Adamson v Paterson. [1631] Mor 7483 (21 July 1631)
URL: http://www.bailii.org/scot/cases/ScotCS/1631/Mor1807483-198.html Cite as:
[1631] Mor 7483
Jurisdiction with regard to Ejection. - Improbation. - Contravention. Process of Transference. - Clandestine Marriage.
Adamson v. Paterson
Date: 21 July 1631 Case No. No 198.
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Found, That a decreet, obtained before the Dean of Guild of Edinburgh, could not be transferred before the Bailies there; yet, in that same decreet, they having transferred a bond registered in their own books, it was sustained for that part, though it was alleged, that no inferior Judge could transfer their own decreet.
Fol. Dic. v. 1. p. 501. Spottiswood, (Transferring.) p. 340.*** Durie reports this case.
Mr John Adamson having obtained decreet against Masterton, before the Dean of Guild of Edinburgh, and another before the Provost and Bailies of Edinburgh, against the same defender; who dying, he obtains decreet of transferring of both these sentences, in one representing the defender deceased, before the Provost and Bailies of Edinburgh; which being suspended, the Lords found in that suspension, without other process of reduction, this decreet of transferring null, whereby the Provost and Bailies transferred the decreet given by the Dean of Guild; for they found, that an inferior Judge had no power to transfer the decreet given by another inferior Judge, for he could not execute such a decreet, and so neither transfer it; and found, that the judgment and jurisdiction of the Dean of Guild is distinct, and a several judicatory from the court and jurisdiction of the Provost and Bailies; albeit the Dean of Guild be an officer and Magistrate of the same burgh, and that the one is not a judicatory subaltern to the other. But the Lords found, that an inferior Judge might transfer that decreet, which was given in his own Court; for that transferring was but a preparation to the execution thereof, and he might execute his own decreet, and, therefore, transfer the same; and, consequently, the transferring by the Provost and Bailies of that decreet, which was given by them, in their own Court, was sustained.
Clerk, Hay.
Fol. Dic. v. 1. p. 501. Durie, p. 599.
