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The Bishop of Dumblane v Janet Chisholme. [1553] Mor 6407 (28 July 1553)
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[1553] Mor 6407
Subject_1 IMPLIED DISCHARGE and RENUNCIATION. Subject_2 SECT. I.
Whether acting as Superior, by receiving Casualties, implies a Discharge of any Claim to the Property.
The Bishop of Dumblane v. Janet Chisholme
Date: 28 July 1553 Case No. No 2.
The superior receiving a part of the feu-duty, cannot afterwards reduce ob non solutum canonem.
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Gif ony spirituall or temporall man gevis and settis ony landis in few to ony persoun, for payment of ane sowme of money zeirlie, as feu-maill, or for uther service, gratitude or gude deid to be done to him zeirlie thairfoir; and efter the setting of the said few, and date of the chartour, ressavis ony part of the few-maill, or ony uther dewtie, conforme to the chartour, he thairby ratifyis and apprevis the fewar as his tenant, and thairfoir may not persew him for reduction of his few.
Fol. Dic. v. 1. p. 431. Balfour, (Feus.) No 10. p. 172.
