If you found BAILII useful today, could you please make a contribution?

Your donation will help us maintain and extend our databases of legal information. No contribution is too small. If every visitor this month donates, 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!


BAILII [Home] [Databases] [World Law] [Multidatabase Search] [Help] [Feedback]

Scottish Court of Session Decisions


You are here: BAILII >> Databases >> Scottish Court of Session Decisions >> John Balfour v Mr Alexander Balfour. [1566] Mor 7324 (10 July 1566)
URL: http://www.bailii.org/scot/cases/ScotCS/1566/Mor1807324-055.html
Cite as: [1566] Mor 7324

[New search] [View without highlighting] [Printable PDF version] [Help]


[1566] Mor 7324      

Subject_1 JURISDICTION.
Subject_2 DIVISION IV.

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

To what Causes this Jurisdiction extends.

John Balfour
v.
Mr Alexander Balfour

Date: 10 July 1566
Case No. No 55.

Click here to view a pdf copy of this documet : PDF Copy

The Lordis of Counsal are jugeis competent in causis of transferring of all decreitis, contractis, or obligatiounis gevin be quhatsomever judge, spiritual or temporal, actit and registrat in their buikis.

Balfour, No 10. p. 269. *** Maitland reports this case:

In the action pursued by John Balfour against Mr Alexander Balfour his brother, and son and heir to Andrew Balfour their father, for transferring of a contract made betwixt the said Andrew and the said John pursuer, acted in the consistory books of St Andrew's, it was alleged by the said Mr Alexander, pursuer, that the said action ought not to be pursued before the Lords of Council, but allenarly before the official of St Andrew's, and commissaries thereof, in whose books the said contract was inserted; which allegeance of the said Mr Alexander was repelled by the Lords; and found, by interlocutor, that they were judges to all transferring of all contracts and decreets, given by whatsomever judge, spiritual or temporal, acted in the books; and ordained the contract, above written, to be transferred in the said pursuer passive, notwithstanding the allegeance foresaid.

Maitland, MS. p. 167.

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


BAILII: Copyright Policy | Disclaimers | Privacy Policy | Feedback | Donate to BAILII
URL: http://www.bailii.org/scot/cases/ScotCS/1566/Mor1807324-055.html