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Scottish Court of Session Decisions >>
Laird of Coldingknows v Corsbie. [1611] Mor 6506 (00 July 1611)
URL: http://www.bailii.org/scot/cases/ScotCS/1611/Mor1606506-069.html Cite as:
[1611] Mor 6506
Subject_1 IMPLIED DISCHARGE and RENUNCIATION. Subject_2 SECT. XI.
Effect of Novodamus.
Laird of Coldingknows v. Corsbie
1611.
July. Case No. No 69.
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Lands being in non-entry, a gift of ward, marriage, and non-entry will not serve for the non-entry any longer than three terms after the expiring of the ward; and a particular gift of non-entry subjoined in the said gift of ward, marriage, and non-entry, for the donatar's bruiking the said gift of non-entry after the expiring of the ward, will not be sustained. An infeftment of lands, with a clause de novodamus ratione forisfacturæ, non introitus, &c. will not purge the bygone entries; because hoc non agebatur to prejudge the King of his casualty of the non-entry, but only to grant an heritable right ad futurum.
