Subject_1 IMPLIED DISCHARGE and RENUNCIATION. Subject_2 SECT. III.
Effect when the Superior grants a precept in obedience.
Crawford v. Lord Covington
Date: 1 July 1623 Case No. No 13.
A vassal, after being year and day at the horn, received from his superior a precept for infefting him in the lands which he held under him. Found, that the superior was notwithstanding entitled to the vassal's liferent escheat, the precept being in obedience to a retour.
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The Captain of Crawford retoured heir to his grandfather in the lands of Merflat, held of the Laird of Covington in anno 1595, charged him in anno 1622, to grant him a precept according to his retour. Covington suspended alleging that he had intented improbation. The Lords repelled that reason in respect of the retour standing, reserving his action of improbation as accords of the law. Thereafter, he alleged, that all the duties of the bygone non-entries should be paid at the subscribing of the precept, from the time of the Captain's goodsire's decease, which was declared by the retour to have been in anno 1563, which the Lords found reasonable, to the year 1622, which was the time of the charge given to Covington by precepts of the chancellerie. Covington protested, that the granting of the precept should not prejudge him of the Captain's liferent, which the Lords reserved as accords of the law.
