Scottish Court of Session Decisions

Subject_1 KIRK PATRIMONY.
Subject_2 SECT. II.

Feus granted by Churchmen.

Smeiton
v.
Hepburn

Date: 11 January 1610
Case No. No 38.

Feus of kirklands belonging to laick patrons, need no confirmation.

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The Laird of Smeton Hepburn pursued Robert Hepburn of Overhaills, to remove from the lands of Leflatt. The defender excepted, That he was tenant and farmer to my Lord Buccleugh, of the lands of Overhaills, whereof the lands of Leflatt were parts and pertinents, and, by virtue thereof, had possessed them these 15 years bygone, and his master not being warned, no process should be granted. It was replied, That the lands libelled could not be called part and pertinents of Overhaills because the pursuer and his author were infeft therein per expressum by a charter, to whose feu, set to them, Patrick Earl of Bothwell, author in effect to my Lord Buccleugh, had consented.—The Lords being moved with the reply of special infeftment, inclined partly to have repelled the allegeance of not warning; but because the warning being also from pasturage of 15 summers, through Overhaills, they found it necessary to warn my Lord of Buccleugh. In that cause the Lords found, that feus of kirk-lands belonging to laick patronages needed no confirmation.

Fol. Dic. v. 1. p. 529. Haddington, MS. No 1723.