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The Bishop of the Isles v John Shaw and Brice Semple. [1631] Mor 7946 (26 July 1631)
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The Bishop of the Isles v. John Shaw and Brice Semple
Date: 26 July 1631 Case No. No 22.
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In a reduction of a tack of the fishing of the Isles pursued by the Bishop of the Isles, against John Shaw and Brice Semple, the first reason was, that it was set a non habente potestatem, viz. by Bishop Thomas, whose predecessor, Andrew, had set one of the same fishings before to the boroughs. Alleged, this was not a competent reason to the pursuer to reduce upon, because sive sic, sive sica, he was to have no benefit by it as long as any of the two tacks stood, and it was only competent to the boroughs to reduce upon this reason. The Lords repelled the allegeance, and sustained the interest upon this same reason.
Fol. Dic. v. 1. p. 528. Spottiswood, p. 328.
*** See Durie's report of this case, No 17. p. 5630, voce Homologation.
