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- v Sir Andrew Murray. [1693] 4 Brn 92 (15 November 1693)
URL: http://www.bailii.org/scot/cases/ScotCS/1693/Brn040092-0214.html
Subject_1 DECISIONS of the LORDS OF COUNCIL AND SESSION, reported by SIR JOHN LAUDER OF FOUNTAINHALL.
- v. Sir Andrew Murray
Date: 15 November 1693
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In a declarator of recognition pursued by —, against Sir Andrew Murray, upon this ground,—That, though his charter bore a blench-holding, yet it had this adjection, “and the other services contained in the old infeftments;” and, by the tenor of the prior infeftments, it appeared that the lands held clearly ward: and therefore, primo loco, the pursuer insisted to have it declared it was a ward-holding.
Answered.—There was no such conclusion in the summons.
Replied.—There was the equivalent; seeing the lands were sought to be declared as recognosced by alienation of the major part, which evidently presupposed ward.
The Lords, observing there was a probable ground of doubting as to that holding, and that it would be rigorous to lay down a preparative for sustaining the bygone recognition here; therefore they, in this odious case, refused to sustain process on this summons, seeing there was no express conclusion for declaring that the lands held ward.
