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You are here: BAILII >> Databases >> Scottish Court of Session Decisions >> Earl of Lauderdale, Supplicant. [1750] 1 Elchies 349 (9 June 1750) URL: http://www.bailii.org/scot/cases/ScotCS/1750/Elchies010349-002.html Cite as: [1750] 1 Elchies 349 |
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[1750] 1 Elchies 349
Subject_1 PRINCE OF SCOTLAND.
Earl of Lauderdale, Supplicant
1750 ,June 9 .
Case No.No. 2.
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He had lands holding of the Prince locally in Mid-Lothian, but by annexation in the shire of Renfrew; and whereas he was wont to be infeft on precepts from the Chancellary by the Sheriff of Renfrew, he prayed, by reason of the act abolishing jurisdictions, for warrant to the Director of the Chancellary to issue precepts to the Sheriff of Edinburgh. Many difficulties occurred; first, Whether the Prince can now have a Chapel and Chaneery? 2dly, Whether the act anent annexed Sheriffships extends to the case of taking infeftments, which is no point of jurisdiction? 3dly, By what rule the Chancery can issue
precepts for infefting in the Prince's lands? We therefore declined to interpose, but found that the brieve for the service should be directed to the Sheriff of Edinburgh; and President thought that the precept should be by the Prince's Commissioners, and they might direct it to whom they pleased as any other superior.
The electronic version of the text was provided by the Scottish Council of Law Reporting
