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Sir William Hope of Craighall v Watson of Etherny. [1686] Mor 7984 (15 January 1686)
URL: http://www.bailii.org/scot/cases/ScotCS/1686/Mor1907984-051.html Cite as:
[1686] Mor 7984
Sir William Hope of Craighall v. Watson of Etherny
Date: 15 January 1686 Case No. No 51.
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Etherny holding some kirk-lands of Craighall, which were of old a part of the Abbacy of North Berwick, and having given bond for L. 600 Scots as the composition for his entry; he suspended on this reason, that by the 10th act 1633, annexing the superiority of kirk-lands to the Crown, the King only was his superior. Answered, That Sir John Home had resigned these lands to be holden of the Lord of Erection; and that, by the 53d act 1661, a consent of the vassal to hold of an interposed superior is sufficient; ergo, a resignation must be declared much more so. Replied by the King's Advocate, for the King's interest, That the close of that 53d act reserves to the King all his casualties; ergo, the entry is still his. The Lords found the reservation in the end of the said act, was only of the King's right of redemption of the feu-farms and casualties at nine years purchase, but not of the casualities themselves during the not redemption, for that would have been repugnans in adjecto, and a clear contradiction to the rest of the act; and therefore found the letters or derly proceeded in favours of Craighall.
Fol. Dic. v. 1. p. 531. Fountainhall, v. 1. p. 392.
