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Scottish Court of Session Decisions >>
Grant v M'Keinzie. [1677] 3 Brn 159 (00 July 1677)
URL: http://www.bailii.org/scot/cases/ScotCS/1677/Brn030159-0185.html Cite as:
[1677] 3 Brn 159
Subject_1 DECISIONS of the LORDS OF COUNCIL AND SESSION, reported by SIR JOHN LAUDER OF FOUNTAINHALL Subject_2 SUMMER SESSION.
Grant v. M'Keinzie
1677.
July.
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A charter being granted by the Marquis of Douglas, of the lands of Logie, to be holden ward, yet bearing a licence and faculty to grant subinfeudations of it; the vassal having given out a part of the lands to be holden blench; whereupon it being alleged the lands were fallen in recognition, and they defending against it upon the foresaid licence:
The Lords found, it gave no power to feu, but according to law; (besides blench is not feu;) and it could not have been feued under the retoured duty, since the act of Parliament in 1606: yet they restricted the recognition, because of the probable mistake to the composition, viz. the year's duty paid to the superior. Vide supra, 1669, Pitreichy and Geichi, November 1676, numero 508, § 6; item numero 580, § 3, [November 1676.] [26th June 1677, Birnies against Moray.]
