Scottish Court of Session Decisions

Subject_1 RETOUR.

Henry Bethune, Supplicant

1743, June 17.
Case No. No. 2.

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Mr Bethune having right as heir to his brother David to the barony of Balfour, and also to the lands of Kilrennie, and annualrents contained in a charter in 1715 in favours of his cousin James Bethune, by which charter there was a dispensation for taking infeftment at the manor place of Kilrennie or any other of the lands therein contained for the whole lands in that charter; but in the special service of the petitioner, by an error of the clerk, in place of the manor place of Kilrennie he called it the manor place of Balfour, and the precept went out of the Chancery in terms thereof, and the sasine given at the place of Balfour. Now Mr Bethune prays the Court to supply this defect, and to order the Director of the Chancery to issue new precepts, which I reported, and the Lords would not amend the retour, that is, would not order precepts to be issued, containing the dispensation for taking infeftment at the house of Kilrennie, because that was not in the retour. But as that dispensation did not hinder the taking infeftments on the ground of the several tenants, therefore we granted warrant to issue precepts with that quality, that the precepts direct the Sheriffs to give infeftment on the grounds of all the several lands.