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The Jurisdiction Of The Session Over Fee And Heritage

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Chapter Summary

The purpose of this chapter is to consider in more depth the immediate period to either side of the foundation of the College of Justice in 1532. It discusses the evidence from a five year period between 1529 and 1534. The chapter examines exceptions pleaded to the jurisdiction of the Lords because of fee and heritage, and the implications of the absence of any remits to the judge ordinary. Analysis is made of actions raised for the reduction of an infeftment in order to assess the role of such actions in resolving heritage disputes, again by comparison with the earlier period. A particular aim is to test the hypothesis that by the 1530s a party who sought redress in a dispute concerning heritage was likely to attack his opponent's alleged title directly through having his or her infeftment reduced by the Lords of Session.

Keywords: heritage jurisdiction; Lords of Session



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