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Scottish Court of Session Decisions >>
The Earl of Nithsdale v His Vassals of HalieWood. [1681] 3 Brn 392 (5 February 1681)
URL: http://www.bailii.org/scot/cases/ScotCS/1681/Brn030392-0543.html
Subject_1 DECISIONS of the LORDS OF COUNCIL AND SESSION, reported by SIR JOHN LAUDER OF FOUNTAINHALL Subject_2 SUMMER SESSION.
The Earl of Nithsdale v. His Vassals of HalieWood
Date: 5 February 1681
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Earl of Nithsdale against his vassals of the abbacy of Haliewood, [de sacro bosco.] In this reduction and improbation, the defenders refused to take a term, because the Earl's predecessor being one of them, who, in 1633, and before, had surrendered to the King the superiorities of their church-lands, the Earl thereby ceased to be superior; and so, in a former pursuit, the Lords found they were not obliged to produce to him, but turned his reduction and improbation into an exhibition, that he, as Lord of erection, might see their writs, to the effect he might know what were the feu-duties they paid, to which he had right.
But the Earl replying, That several of the vassals, since the year 1633, had taken charters to be holden of him, (which is lawful for them to do,) and so he had returned to the superiority, Lord Newbyth found all such were obliged to take a term in the reduction and improbation, to produce their evidents since 1633; and, quoad their writs before that, sustained only the summons to have the effect of an exhibition.
