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Thomas Hay of Balhousie v Nevoy of that Ilk. [1686] 3 Brn 590 (18 March 1686)
URL: http://www.bailii.org/scot/cases/ScotCS/1686/Brn030590-0901.html
Subject_1 DECISIONS of the LORDS OF COUNCIL AND SESSION, reported by SIR JOHN LAUDER OF FOUNTAINHALL Subject_2 SUMMER SESSION.
Date: 18 March 1686
Thomas Hay of Balhousie v. Nevoy of that Ilk
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The case of Thomas Hay of Balhousie against Nevoy of that Ilk, was reported by Harcus: it was a pursuit for mails and duties of the dumb man's lands, whom the late Lord Nevoy had in custody. alleged,—Imo, The dumb man's infeftment could not be reduced, quod erat mutus; for Craig is clear that both muti et surdi are feudorum capaces, and so is Matthæus, de Afflict. ad Consuetudines Feudorum. 2do, These rents were bona fide consumpti et percepti, by a lawful title of an act of the Lords, modifying his aliment to 1600 merks.
Yet the Lords restricted the aliment to and ordained the defender, his
