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Laird of Lugton v Laird of Lethindie. [1614] Mor 6416 (18 February 1614)
URL: http://www.bailii.org/scot/cases/ScotCS/1614/Mor1506416-011.html Cite as:
[1614] Mor 6416
Subject_1 IMPLIED DISCHARGE and RENUNCIATION. Subject_2 SECT. III.
Effect when the Superior grants a precept in obedience.
Laird of Lugton v. Laird of Lethindie
Date: 18 February 1614 Case No. No 11.
Granting a charter of apprising does not prejudge the King of the recognition of the debtor already fallen.
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In an action of recognition pursued by the Laird of Lugton contra the Laird of Lethindie, the Lords repelled the exception proponed for the part of the creditors being that their lands were comprised by Andrew Fleeming of Calus, and that he was infeft by the King's Majesty long before the gift of recognition; and found, that the King's Majesty could not omit and tyne his lands falling to him by recognition by an infeft of comprising, and the King's Majesty, in this case, could be in no worse estate than a private superior who cannot tyne his right by infeftment of comprising, and therefore no more the King's Majesty, seeing there is no consent given by the treasurer, no composition paid to the King's Majesty, nor other deed done, by the which the King's Majesty may be denuded.
Argumento, The King tynes it not by a retour, ergo, and so it is by the entry or change of a tenant.
