BAILII is celebrating 24 years of free online access to the law! Would you
consider making a contribution?
No donation is too small. If every visitor before 31 December gives just £1, it
will have a significant impact on BAILII's ability to continue providing free
access to the law.
Thank you very much for your support!
You are here:BAILII >>
Databases >>
Scottish Court of Session Decisions >>
Stewart v Laird of Luss. [1543] Mor 13251 (31 July 1543)
URL: http://www.bailii.org/scot/cases/ScotCS/1543/Mor3113251-001.html Cite as:
[1543] Mor 13251
Subject_1 QUOD AB INITIO VITIOSUM. Subject_2 SECT. I.
Convalescence of a null right.
Stewart v. Laird of Luss
Date: 31 July 1543 Case No. No 1.
Click here to view a pdf copy of this documet : PDF Copy
The Lords absolved the Laird of Luss from the action of non-entry of the lands of————, intented against him by Edward Stewart, because his gift of non-entry bore, that the King had given him the profits dues and duties of the lands being then in his Grace's hands by reason of non-entry, and in verity that the lands were feu by heritable sasine, albeit the old retour thereof nevertheless reduced, and so the lands thereof in non-entry; but or the reduction of the retour and sasines, they were not in non-entry, viz. the time that he obtained his gift, which extended not the non-entry of these lands that then was, or should happen afterwards in any time to be, and so the Lords decerned against the said Edward, and absolved his adversary from the lands.
