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Master of Boyd v Lord Campbell. [1610] Mor 9705 (20 November 1610)
URL: http://www.bailii.org/scot/cases/ScotCS/1610/Mor2309705-054.html Cite as:
[1610] Mor 9705
Acts of the Heir proceeding from his Connection with the Predecessor.
Master of Boyd v. Lord Campbell
Date: 20 November 1610 Case No. No 54.
An apparent heir of ward lands who gets an aliment modified to him, is thereby subjected to the passive titles:
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An apparent heir of ward lands will get modification for his aliment, albeit he be not served heir; but the pursuit of that action will make him heir. In the estimation of the rental, the Lords will not only consider the yearly duty of mail and farm, but also the entries and grassums which the donatars to the ward have gotten from the friendly tenants, because, in many parts of the country, the grassums are great, and the yearly duty very mean.
Fol. Dic. v. 2 . p. 32. Haddington, MS. No 2002.
*** A similar decision was pronounced 12th February 1635, Hepburn against Seaton, No 1. p. 381, voce Aliment.
