An abbot and convent obliged to warrant a feu granted by their predecessors.
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The Lord Boyd pursued the Abbot of Kilwinning to warrant to him a feu, set to him by his predecessor Hamilton. It was answered by Hamilton, That he ought not to warrant the same, because he was in feu of the same lands set to him by another person, which was confirmed first; and according to the act of Parliament made at Stirling, the first confirmation makes the feu to be available and stand, albeit it be last set, and the other feu to be taken away by exception or reply. To this was answered, That notwithstanding of the act of Parliament, yet he ought to warrant his predecessor's deed, because he knew the first set to be set aut saltem scire potuit, because it was subscribed by the same Convent et sic predictus commendatarius videbatur commississe crimen stellionatus in locando et alienando eandem rem duabus diversis personis. To this was answered, That he ought not to warrant; for how should he be decerned to warrant the thing which was null of the law? For the first feu being declared null in itself of the law, there could no warrandice follow upon the same. The Lords pronounced definitive the Abbot to warrant the said feu, albeit it was null in itself, and taken away by the first confirmation.
