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Scottish Court of Session Decisions >>
Sir William Bruce of Kinross v The Earl of Morton and his Tenants. [1698] 4 Brn 418 (3 November 1698)
URL: http://www.bailii.org/scot/cases/ScotCS/1698/Brn040418-0832.html
Subject_1 DECISIONS of the LORDS OF COUNCIL AND SESSION, reported by SIR JOHN LAUDER OF FOUNTAINHALL.
Sir William Bruce of Kinross v. The Earl of Morton and his Tenants
Date: 3 November 1698
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Sir William Bruce of Kinross, pursuing maills and duties on his decreet, obtained in February last, against the Earl of Morton and his Tenants of Aberdour, before the Sheriff of Fife, a bill of advocation is presented on thir reasons: 1mo. That Aberdour is a regality, and not bound to answer to the Sheriff-court; 2de. That the Lady Rothes, being Sheriff, her sister is Sir William's daughterin-law; 3tio. They had a reduction depending of all Sir William's rights, which, being prejudicial, behoved to draw the maills and duties to the Lords, per contingentiam causae.
The Lords repelled the reasons, and refused the bill: The first, in respect of this answer, That, if it was a regality, it had no court nor judicatory; and, Sir William being infeft, was Lord of it himself: The second, Because the affinity fell not within the prohibition of the Act of Parliament: The third was repelled, Because the reduction was not produced in the field; and, though it were, the single raising of a reduction can never stop execution: likeas, Sir William had certification against my Lord Morton's rights. Some thought the Lords not competent now, seeing there was a protestation for remeid of law in the case, and which was so far advanced that it was tabled by a citation in the last session of Parliament.
