[Footnote 175: “The Feme, who is Demandant, may remove the same by a
_Tolt_ into the County; and also may remove the same out of the County
into the Common Pleas by a _Pone_, _&c._ without shewing any cause in
the Writ, as the Demandant shall do in a Writ of Right Patent.” (F.N.B.
15.)]
CHAP. VII.
“The King to the Sheriff, Health. Put before me or my Justices, on such
a day, the suit which is in your County Court, between _A._ and _N._
concerning one Hyde of Land in such a Vill, which the said _A._ claims
against the aforesaid _N._ as her reasonable Dower. And Summon, by good
Summoners, the aforesaid _N._ who holds that Land, that he be then
there with his Plea. And have there,” &c.
CHAP. VIII.
Pleas of this description, as, indeed, some others, may be transferred
from the County Court to the supreme Court of the King for a variety
of Causes: as, on account of any doubt which may arise in the County
Court concerning the plea itself, and which that court is unable to
decide; (and when any suit is thus transferred to the Court, then both
parties, as well the Tenant as the Demandant, shall be summoned.) But,
when it has been removed upon the Petition of one of the parties, it
will then suffice, if that party be summoned who did not require the
removal: but, if the suit should be transferred to Court by the consent
and prayer of both parties, being present in Court together, then,
neither party ought to be summoned, because the day appointed in Court
is known to both of them. Upon the day appointed in Court, either both
parties will be absent, or only one will be so, or both will appear. We
have already sufficiently treated concerning the absence of both, or of
one only of the parties. If both be present in Court, the Woman shall
set forth her claim against her Adversary in the following words. “I
demand such Land, as appertaining to such Land, which was named to me
in Dower, and of which my Husband endowed me at the door of the Church,
the day he espoused me, as that of which he was invested and seised at
the time when he endowed me.”[176]
[Footnote 176: It is thus as literally set down in the Translation of
the Regiam Majestatem.—“I claim sic Land, as are part and pertinents
of that Land named by my umquhill Husband for my Dourie, quherewith he
indowed me at the kirk dore, the samine day when he married me, wherein
he was vest and saised at the time he indowed me therewith.” (L. 2. c.
16.)]
Various are the Answers which the Adverse party usually gives to a
claim of this kind; in substance, however, he will either deny that she
was so endowed, or concede it.
But, whatever he may allege, the Suit ought not to proceed, without the
Heir of the Woman’s Husband. He shall, therefore, be summoned to appear
in Court to hear the Suit, by the following Writ:——
CHAP. IX.
Public-domain text, read in full here on John Shaqi.
Reviews
Reviews
No reviews yet
Be the first to share your thoughts on this work.
Elsewhere in the archive
Join the Discussion
Join the discussion
Sign in to leave a comment or review.
Sign InorCreate an account