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Scottish Court of Session Decisions >>
Sir James Stewart v John Stewart of Ascog. [1685] 3 Brn 542 (4 March 1685)
URL: http://www.bailii.org/scot/cases/ScotCS/1685/Brn030542-0816.html
Subject_1 DECISIONS of the LORDS OF COUNCIL AND SESSION, reported by SIR JOHN LAUDER OF FOUNTAINHALL Subject_2 SUMMER SESSION.
Date: 4 March 1685
Sir James Stewart v. John Stewart of Ascog
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Sir James Stewart, as Sheriff of Bute, pursues Mr John Stewart of Ascog, advocate, for reducing his right to the crownry of Bute, and for declaring his lands free from the custom and casualty of so many oats, &c. payable to the crowner's office, formerly belonging to the sirname of The reasons were:—1mo, He, being a member of the Session, had bought this right while depending in a plea. 2do, He acted and exercised the said jurisdiction before he had taken the test. Ascog denied both; but objected against his title of Sheriff, seeing both the officium vicecomitis et coronatoris are consistent in one place, and the one needs not interfere with the other.
