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The Dukeof Hamilton v Baillie of Lamington. [1680] 3 Brn 318 (6 January 1680)
URL: http://www.bailii.org/scot/cases/ScotCS/1680/Brn030318-0412.html
Subject_1 DECISIONS of the LORDS OF COUNCIL AND SESSION, reported by SIR JOHN LAUDER OF FOUNTAINHALL Subject_2 SUMMER SESSION.
The Dukeof Hamilton v. Baillie of Lamington
Date: 6 January 1680
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This Baillie of Lamington's goodsire having some lands holden ward of the King, and other lands holden ward of the Duke of Hamilton; he dispones the lands holden ward of the King to this Lamington his grand-son, whereupon he is infeft in his goodsire's lifetime; so that the King had neither the casualty of ward nor marriage to seek. But Duke Hamilton craving his marriage, he being the next ward superior after the King, it was alleged,—Where a vassal holds ward of the King as well as of a subject, that then the subject superior could not crave the marriage. Yet here it was found that Duke Hamilton had right to his marriage: and Lamington was forced to compone with him for it, and gave him L.1000 sterling.
If he had taxed his ward and marriage holden of the King, conform to the 58th Act of Parliament 1661, then he would have been free of Duke Hamilton.
