[1614] Mor 16559
Subject_1 WARD.
Date: Williamson
v.
Thomson
11 November 1614
Case No.No. 8.
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In an action of removing pursued by Mr. Robert Williamson, superior of the Temple-lands, against John Thomson, heritor of a part of the same lands, for removing therefrom, as being in the hands of the said superior by reason of (ward,) the Lords found, That the said John Thomson's charter bearing these words in the reddendo, viz. “reddendo sedecim nummos ad duos anni terminos festa, viz. Pentecostes et Sancti Martini, una cum servitiis in curiis nostris et alibi debitis et consuetis,” to be holden ward.
*** Haddington reports this case: Mr. Robert Williamson pursued a removing against Thomson of Glengavil. He excepted, That he was apparent heir to his father, who was heritably infeft in these lands, and many years in possession, and produced his infeftment. It was answered, That the holding of the charter was for payment of sedecim nummos nomine annualis reditus una cum servitiis debitis, which was ward; likeas, in an action pursued by the of Blantyre against John Douglas of Preston, the lands of Preston holden nomine annualis reditus, without any mention of sums, was decerned to be holden ward. In respect whereof, the Lords repelled the exception, and found the lands holden ward, and could not defend the excipient during the ward.
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