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You are here: BAILII >> Databases >> Scottish Court of Session Decisions >> Douglas of Ively v The Laird of East-Nisbet. [1624] 1 Brn 132 (9 March 1624)
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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.
Date: Douglas of Ively
v.
The Laird of East-Nisbet
9 March 1624 Click here to view a pdf copy of this documet : PDF Copy
Douglas of Ively having obtained the liferent-escheat of John Stuart of Coldingham, pursued a special declarator of East-Nisbet's liferent, as vassal to John Stuart. Excepted, No process upon John Stuart's liferent, because, when it was gifted by the king to Douglas, John Stuart had not been then the king's vassal year and day; so that East-Nisbet's liferent could not appertain to him. Replied, That the priory of Coldingham was erected in John Stuart's person, 1588; so that he was ever since, if not really, at least potentially, the king's tenant; and so, since no other right had intervened betwixt the erection and his sasine, (which was 1621,) it ought to be drawn back to the first gift. Which reply the Lords found relevant.
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The electronic version of the text was provided by the Scottish Council of Law Reporting