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Scottish Court of Session Decisions

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You are here: BAILII >> Databases >> Scottish Court of Session Decisions >> Fenton and Douglas v Johnston. [1542] Mor 7321 (28 June 1542)
URL: https://www.bailii.org/scot/cases/ScotCS/1542/Mor1807321-046.html
Cite as: [1542] Mor 7321

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[1542] Mor 7321      

Subject_1 JURISDICTION.
Subject_2 DIVISION IV.

Jurisdiction of the Court of Session.
Subject_3 SECT. I.

To what Causes this Jurisdiction extends.

Fenton and Douglas
v.
Johnston

Date: 28 June 1542
Case No. No 46.

Before the reformation, the Lords were never in use to grant letters of law-borrows against a priest, but remitted him to his ordinary.


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James Fenton and David Douglas had gotten letters of law borrows against Sir John Johnston priest, by the Lords deliverance, which letters the said priest called before the Lords, and asked them to be simpliciter suspended, because the Lords were not competent judges to him. The Lords of Council for the said cause reduced and suspended the letters simpliciter, and remitted him to his Judge Ecclesiastical Ordinary, to find the lawborrows, as effeired of the law.

Fol. Dic. v. 1. p. 495. Sinclair, MS. p. 37.

The electronic version of the text was provided by the Scottish Council of Law Reporting     


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URL: https://www.bailii.org/scot/cases/ScotCS/1542/Mor1807321-046.html