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Scottish Court of Session Decisions >>
The Duke of Hamilton v Lord Bargeny. [1692] 4 Brn 15 (6 December 1692)
URL: http://www.bailii.org/scot/cases/ScotCS/1692/Brn040015-0032.html
Subject_1 DECISIONS of the LORDS OF COUNCIL AND SESSION, reported by SIR JOHN LAUDER OF FOUNTAINHALL.
The Duke of Hamilton v. Lord Bargeny
Date: 6 December 1692
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The Duke of Hamilton against the Lord Bargeny, for the lands of Greenlees. The Lords were not clear to sustain the Duke's title to these lands, on the instrument of resignation, made by Sir James Hamilton to Marquis James in 1624, that being only assertio notarii, nor 011 the accounts of the rentals of the family of Hamilton, where thir lands are in the charge, both before the registration and after, and in some places bears to be in my Lord Bargeny's good-sire's hands, as if these great families kept still in their rentals the lands sold off, but in the discharge mentioned who had them; and that any right Bargeny retained was only the feu-duty, and his infeftment was in trust. The Lords declared they would hear the parties farther on these points.
