Scottish Court of Session Decisions

Subject_1 DECISIONS of the LORDS OF COUNCIL AND SESSION reported by SIR ROBERT SPOTISWOODE OF PENTLAND.
Subject_2 Such of the following Decision as are of a Date prior to about the year 1620, must have been taken by Spotiswoode from some of the more early Reporters. The Cases which immediately follow have no Date affixed to them by Spotiswoode.

The Sheriff of Galloway
v.
The Tenants of Salset

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The sheriff of Galloway, as being infeft in the bailiary of Salset, anno 1570, with the services of the tenants, pursued the tenants of Salset for certain services libelled, such as two threaves of straw and a hen out of every plough, so many shearers, &c. Alleged for the Earl of Cassils, master of the ground, That his tenants could not be obliged to do such services; seeing he, by his infeftment, was not expressly obliged to the same. Replied, That ought to be repelled, in respect of the pursuer's infeftment in the bailiary, cum servitiis; likeas, he offers to prove, that, since the date of his infeftment, for the space of fifty or sixty years, he and his predecessors have been in use of getting such services libelled, from the tenants of the lands libelled. The Lords ………

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