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 >>
Thomas Courty v Martin Stevenson. [1678] Mor 2237 (16 July 1678)
URL: http://www.bailii.org/scot/cases/ScotCS/1678/Mor0602237-112.html Cite as:
[1678] Mor 2237
Citation in Process of Forthcoming. - In Adjudication. - In Reduction ex capite inhibitionis.
Thomas Courty v. Martin Stevenson
Date: 16 July 1678 Case No. No 112.
In an adjudication against a vassal, the superior need not be called.
Click here to view a pdf copy of this documet : PDF Copy
An adjudication quarrelled, 1ma, because the decreet cognitionis and adjudication were both in one; yet the Lords sustained this cumulation, though not customary, 2do, Being obtained before the Sheriff of Edinburgh, he had not called the Duke of Buccleugh superior, who was out of the country, by a supplement. The Lords found no necessity of calling superiors. 3tio, He sought contrary things, both to reduce another's right and to redeem it. The Lords found he might insist on either of the two conclusions he pleased.
