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Scottish Court of Session Decisions >>
The L. Muckall v Stuart. [1621] Mor 11623 (22 November 1621)
URL: http://www.bailii.org/scot/cases/ScotCS/1621/Mor2711623-294.html Cite as:
[1621] Mor 11623
Acts and Deeds are presumed to have been done according to what is common and customary.
The L Muckall v. Stuart
Date: 22 November 1621 Case No. No 294.
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In a pursuit by the L. Muckall, against Robert Stuart, for declarator of his liferent of such lands as he held of Muckall, the Lords found, That no such general summons could be sustained in favour and at the instance of a subject, albeit the King has that privilege by his Crown; whereby it is presumed that all subjects hold their lands of his Majesty, except it be verified and shown otherwise; whereas another superior, if he claim any thing of his vassal, he must qualify him to be his vassal, and be special therein, and so could not have that general action sustained; and if the superior libelled his summons upon any special lands, the Lords found it ought to be proved that he held the lands of him, and so ought to abide continuation. (See Process.)
Act. Peebles & Baird.Alt. Hope.Clerk, Gibson.
Fol. Dic. v. 2. p. 162. Durie, p. 3.
