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Scottish Court of Session Decisions >>
Earl Marischal v Charles Bray. [1662] Mor 12221 (18 June 1662)
URL: http://www.bailii.org/scot/cases/ScotCS/1662/Mor2912221-365.html Cite as:
[1662] Mor 12221
A baron court is not such a judicatory as can give any ground for the objection of competent and omitted.
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The Earl of Marischal having obtained decreet, in his own baron court, against Bray, compearing for a year's rent of his Mains of Dunnottar, wherein he had been possessed by the English; Bray suspends, and alleges compensation upon a bond assigned to him, due by the charger, who answered competent and omitted, and so not receiveable in the second instance; especially being compensation, which, by special act of Parliament, is not to be admitted in the second instance.
The Lords sustained the reason of compensation, and found that a baron court was not such a judicature, as that allegeances competent and omitted should be repelled in the second instance.
