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Jurisdiction Over Fee And Heritage

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Chapter Summary

This chapter examines the workings of the fee and heritage restrictions on the jurisdiction of Council and Auditors, so as to produce a more detailed account of the elements which led an action to be characterised as one which should be remitted to the judge ordinary because of fee and heritage, and to ascertain any pattern in the making of jurisdictional challenges and consequential remits over the period 1466-1532. It has been argued that only certain kinds of heritage-related actions were barred by the fee and heritage rule. The elements of actions which were remitted seem to have been that the action depended upon a decision on an incidental matter of fee and heritage that this matter involved more than one competing claim to a disputed title, backed up by showing lawful interest in the title, and that the decision would involve a final determination of right.

Keywords: Council's jurisdiction; heritable fee



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