BAILII is celebrating 24 years of free online access to the law! Would you
consider making a contribution?
No donation is too small. If every visitor before 31 December gives just £1, it
will have a significant impact on BAILII's ability to continue providing free
access to the law.
Thank you very much for your support!
You are here:BAILII >>
Databases >>
Scottish Court of Session Decisions >>
M'Duff v Doic. [1586] Mor 7304 (00 July 1586)
URL: http://www.bailii.org/scot/cases/ScotCS/1586/Mor1807304-016.html Cite as:
[1586] Mor 7304
Decree pronounced by an Incompetent Court. - Prorogatio de loco in locum. - Decree pronounced in vacation time, how Prorogated?
M'Duff v. Doic
1586.
July. Case No. No 16.
The contrary of the above case was found, a decree of an incompetent court being declared ipso jure null; but here the incompetency was clear.
Click here to view a pdf copy of this documet : PDF Copy
There was one M'Duff that pursued one Doig for ejecting him forth of a room held of the Earl of Gowrie, of the barony of Strabran.—It was answered, That he had committed no spulzie; because the said M'Duff's father, present occupier of the room, being convicted of a slaughter, and executed for the same, and his goods and gear being come into the King's Majesty's hands, and his Treasuer; the defender was put in possession by the Earl of Gowrie, Treasurer for the time; and also thereafter, and after the decease of the Earl of Gowrie, the pursuer being summoned to compear before the Secret Council for the violent intruding of himself in the said room, was decerned by the Secret Council to have done wrong, and ordained in time coming to flit and remove, as he who had vi majori et armata manu intruded himself in possession of the said room.—To all this was answered, That in one part it was contrary; for the pursuer libelled, that he was in possession by the escheat obtained by him of his father, and put in possession by the Treasurer; and as to the decreet obtained before the Secret Council against him, it was decretum a non suo judice latum, and in no manner of way ought to have effect.——The Lords repelled the exception, and found, That the decreet given by the Secret Council could not take away the ejection nor purge the spulzie, because they were not judges competent.
