[1611] Mor 5119
Subject_1 GIFT OF WARD.
Subject_2 SECT. II. Gift of Ward and Non-entry.
L of Coldenknows
v.
L Corsbie.
1611 .July .
Case No.No 5.
Found in conformity with the above.
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Lands being in non-entries, a gift of ward, marriage, and non-entries, will not serve for the non-entries any longer nor three terms after the expiring of the ward. And a particular gift of non-entries subjoined in the said gift of ward, marriage and non-entries, for the donatar's bruiking the said gift of non-entries, after the expiring of the ward, will not be sustained. An infeftment of lands with a clause de novodamus , ratione foris-facturæ, non-introitus, &c. will not purge the bygone non-entries; because hoc non agebatur to prejudge the King of his casualty of the non-entries, but only to grant an heritable right ad futura. Laird of Coldenknows for the ward of Corsbie in Exchequer, and resolved by the Lords of Session.
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