Earl of Lauderdale v. Scrymgeour-Wedderburn

Subject_1 Jurisdiction Subject_2 Court of Session Subject_3 Heritable Office Subject_4 Hereditary Standard Bearer for Scotland.

Res Judicata — Heritable Office — Award of Court of Claims Appointed at Coronation.

Process — Title — Title to Defend — Heritable Office — Title Averred Sufficient if Valid to Exclude Pursuer though not Exclusive of Possible Superior Title.

Prescription — Negative Prescription — Decree in Absence — Court of Session Act 1868 (31 and 32 Vict. cap. 100), sec. 24. Facts: Held that the Court of Session has jurisdiction to determine claims to the Office of Hereditary Standard Bearer to the Kings of Scotland, that being a heritable office and not a mere title of honour.

Observations ( per Lord Kyllachy) on the constitutional power of the Crown to create cumulative jurisdictions superseding the jurisdiction of the ordinary Courts.