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Scottish Court of Session Decisions >>
Earl Airly v Strachan. [1682] Mor 13392 (00 January 1682)
URL: http://www.bailii.org/scot/cases/ScotCS/1682/Mor3113392-019.html
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One Strachan having disponed to his eldest son John the fee of his estate, to be holden base of the disponer, John wadset the half to John Watt, who made requisition, and charged the granter of the wadset's daughters, his heirs; and upon their renunciation, apprised from them as lawfully charged to enter heir to their father, and obtained a charter from the King upon the apprising; and thereafter disponed the lands, without consent of the superior, to Stuart. My Lord Airly got a gift of recognition; against which it was alleged for the daughters of John, who were now served heir to their grandfather; That no recognition of the defender's lands could be incurred by John Watt's disposition to Stuart; because, 1mo, The ground of the apprising was but 1200 merks, which is not the half of the worth of the lands; 2do, The charter from the King is from the wrong superior; for the apprising is led against the defenders as charged to enter heir to their father only, who was never the King's vassal, but held base of the grandfather.
“The Lords assoilzied from the recognition;” and the donatar did not insist for the 1200 merks belonging to Watt.
