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You are here: BAILII >> Databases >> Scottish Court of Session Decisions >> Bruce v Wardlaw. [1630] 1 Brn 65 (19 January 1630) URL: http://www.bailii.org/scot/cases/ScotCS/1630/Brn010065-0129.html Cite as: [1630] 1 Brn 65 |
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[1630] 1 Brn 65
Subject_1 DECISIONS of the LORDS OF COUNCIL AND SESSION, reported by SIR ALEXANDER GIBSON, OF DURIE.
Date: Bruce
v.
Wardlaw
19 January 1630 Click here to view a pdf copy of this documet : PDF Copy
Mentioned 14th January. The question being betwixt two parties, which of them had right to hold courts within the lands of Torrie, which lands are holden of the Bishop of St Andrews; which right was claimed by Bruce as bailie-depute to the Lo. Lindsay, who had an heritable right and sasine thereof from the bishop, to whom he was heritable bailie within his regality of his lands in Fife; and the other claimed the same as infeft by the bishop in the lands of Torrie cum curiis; and alleged, that the Lord Lindsay's sasine was null, being appointed by the bishop's precept insert therein, to be taken at the castle of St Andrews, for all the lands within that bailiary, albeit the lands lie far discontiguous; and that the bishop, nor no subject, can make an union but by the king's confirmation. This allegeance was repelled, and the sasine sustained; seeing the Lords found, that this was not an union of lands, which indeed no
subject can make, but only a place designed for taking of sasine of a jurisdiction granted by the bishop, and which the bishop might appoint; and many thought that no sasine in such cases is requisite. Vid. 10th February 1631, E. Galloway.
Page 482.
The electronic version of the text was provided by the Scottish Council of Law Reporting
