Scottish Court of Session Decisions

Subject_1 JUS TERTII.
Subject_2 SECT. III.

Not competent to object against a Party's title, without a Legal Interest. - What understood to be a Legal Interest.

Lord Dun
v.
Town of Montrose

Date: 7 December 1731
Case No. No 51.

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Against a declarator of the jurisdiction of constabulary, the negative prescription being objected, the Lords found it was not jus tertii for the defenders to object the same; for though it is not competent to plead an exemption from the jurisdiction of the Crown, to which every one is subjected by his allegiance, it is otherwise with regard to a private jurisdiction, which is a burden upon the lieges, and the worst of servitudes. See Appendix.

Fol. Dic. v. 1. p. 521.