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Scottish Court of Session Decisions >>
Sheriff of Forest and The King's Advocate v Town of Selkirk. [1631] Mor 6635 (18 January 1631)
URL: http://www.bailii.org/scot/cases/ScotCS/1631/Mor1606635-041.html Cite as:
[1631] Mor 6635
Sheriff of Forest and The King's Advocate v. Town of Selkirk
Date: 18 January 1631 Case No. No 41.
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In an improbation and reduction pursued by the Sheriff of Forest and the King's Advocate against the Town of Selkirk, for the burgh mails and small customs, wherein the Sheriff pursuer was infeft, it was alleged by the defenders, That they could not be holden to produce, at the Sheriff's instance, because the burgh mails and small customs being of the King's annexed property, no infeftment could be given thereof; to which it was answered, That whether his infeftment was good or not, yet seeing the pursuit was at the King's Advocate's instance, they ought to produce, and then reason whether his right or theirs was best. The Lords found, they ought to produce at the Advocate's instance, and that Sheriff might be informer of the King's Advocate, seeing the Sheriff had made count to the Exchequer of the burgh mails and small customs of Selkirk, diverse years bygone.
1632. January 31. In the same action, after the town of Selkirk had produced certain infeftments, granted by King James V. they alleged they were not holden to produce any further, because the pursuer's infeftment, whereupon he pursued the improbation and reduction, was later than their infeftments produced; and, till he produced older infeftments than theirs in an improbation, they were not holden to produce further; which the Lords found relevant, and therefore the Sheriff was content to produce older infeftments.
