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Scottish Court of Session Decisions >>
Home v Home. [1586] Mor 7481 (00 November 1586)
URL: http://www.bailii.org/scot/cases/ScotCS/1586/Mor1807481-193.html Cite as:
[1586] Mor 7481
Jurisdiction with regard to Ejection. - Improbation. - Contravention. Process of Transference. - Clandestine Marriage.
Home v. Home
1586.
November. Case No. No 193.
An inferior judge cannot judge of an ejection.
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In an action of ejection pursued by George Home, son to the guidman of Manderston, as lawful and undoubted assignee, constituted by one Paxton, for ejecting of him forth of certain lands, it was answered by David Home, That there was no ejection committed, because the said David entered him who was alleged to have been ejected, and put him into the said land and possession by virtue of a decree given by the Bailie of regality of Coldingham, et sic auctore prætore; and he that was entered was entered by virtue of a decree given by the said Bailie of regality, decerning him to have been wronguously ejected, and the other restored to the possession of the ground. It was alleged, That the Bailie of regality, and his depute, likeas no Bailie of any court, albeit he be a judge ordinary, had no power to sit upon ejections, which was admitted by the whole Lords.
