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Scottish Court of Session Decisions >>
Alexander Leslie and the King's Advocate v William Robertson of Inches. [1663] 2 Brn 302 (6 November 1663)
URL: http://www.bailii.org/scot/cases/ScotCS/1663/Brn020302-0588.html
Subject_1 DECISIONS of the LORDS OF COUNCIL AND SESSION, reported by SIR JOHN LAUDER LORD FOUNTAINHALL.
Alexander Leslie and the King's Advocate v. William Robertson of Inches
Date: 6 November 1663
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Jo. Robertsone of Inches, within the sheriffdom of Invernesse, dies. Mr. William Robertsone, his son, succeeds him. But because the lands held ward of the King, the ward, the right of non-entries, the avail of the marriage, with the relief of the lands, fall all in the King's hands as superior, and so are at his gift and disposition. Alexander Leslie, Writer to the King his Majesty's signet, gets the gift thereof, in anno 1661. Whereupon, as donator, with concourse of the King's advocate, (Sir Jo. Fletcher of Newcranston,) he intents action of declarator of his gift of the ward and non-entries, &c. wherein he summons the said Mr. William, and all and others having interest, to compear before, &c. to hear and see it found and declared that these lands wherein his father died last vest and seased as of fee, holden of our Sovereign Lord, were in his Majesty's hand as superior thereto, by reason of ward and non-entries; and that the King by his gift produced, has constituted him his donator thereto; and, therefore, that he has only undoubted right to crave to be obeyed and answered as to the mails, farms, canes, customs, duties, and casualties of the said lands, conform to the tenor of his gift. Upon sight of the gift, the defender not compearing to allege any thing in the contrary, the Lords gave furth decreet conform to the desire of the summons.
For the King's advocate, compears Norvell; for Leslie, James Abernethie. Hay.
Signet MS. No. 3. folio 1.
