Robert Fletcher v. Earl of Athole, Tutor to the Earl of Murray
Date: 4 July 1595 Case No. No 3.
A donatar to ward lands may enter to the possession of the ward lands, actually possessed by the defunct, without declarator; but it was found ejection to dispossess the tenants before declarator.
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Robert Fletcher, burgess of Dundee, pursued the Earl of Athole as tutor to the Earl of Murray, for ejecting of him furth of the fishings of Spey, set to him in tack be the umquhile Earl of Murray.—It was alleged, That the defender did na wrang, and should be assoilzied, because the King's Majesty having disponed to him the waird and marriage of the Earl of Murray; and sua, being, donatar to the waird, was not obliged to respect ony tacks of that whereof the defunct was in possession.—It was answered, That the allegeance should be repelled; and the Lords fand, That the donatar to ane ward may enter to the possession of ony lands actually possessed be the defunct's self, without declarator, but in things possessed be sub-tenants, declarator was always necessar.
