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Scottish Court of Session Decisions >>
Sir George Erskine v Ld Craigiehall. [1610] Mor 10271 (1 February 1610)
URL: http://www.bailii.org/scot/cases/ScotCS/1610/Mor2410271-081.html Cite as:
[1610] Mor 10271
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In the action of declarator pursued by Sir George Erskine, donatar constituted by Barnbougall to Craigiehall's liferent of the Lowchald, the Lords found that the vassal's liferent fell to his superior, if the vassal were year and day at the horn before he were entered, and unrelaxed when he entered; that infeftment given by the vassal-rebel, albeit before he were year and day at the horn, to him that bought his land, would not prejudge the superior of his liferent, if he remained year and day at the horn, especially if the rebel retained possession. It was also found, That a gift granted by King James III. under his Great Seal, in anno 1474, to John Stewart of Craigiehall and his heirs, that whensoever his lands of Lowchald holden by him of Barnbougall, who held them ward of the King, or his lands of Craigiehall holden by him of Lord Seton, who held them ward of the King, should fall in the King's hands by the ward of his vassals, the same ward should pertain to the said John Stewart of Craigiehall and his heirs heritably; that that gift was now expired and null, and could only serve, at the most, during the lifetime of the King, giver thereof.
