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You are here: BAILII >> Databases >> Scottish Court of Session Decisions >> The Laird of Ley v The Minister of Lanark. [1628] 1 Brn 58 (10 December 1628)
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Subject_1 DECISIONS of the LORDS OF COUNCIL AND SESSION, reported by SIR ALEXANDER GIBSON, OF DURIE.
Date: The Laird of Ley
v.
The Minister of Lanark
10 December 1628 Click here to view a pdf copy of this documet : PDF Copy
The Laird of Ley, having presented one to the preceptory of the hospital of St Leonard's, who, seeking letters conform to that provision and gift given to him by the Laird of Ley, as patron of that hospital; and the minister of Lanark compearing and alleging, that he was provided to the said preceptory by the king's majesty, and had obtained thereupon letters conform, by virtue whereof he was in possession; likeas his predecessor was presented by the king, and by virtue thereof he was also in possession, whereby it was evident that the right to present was only proper to the king; and they being so in possession, no letters conform ought to be granted upon the Laird of Ley's gift:—this allegeance was repelled against this summons, craving letters conform: without prejudice always of the defender's right thereupon; upon the validity whereof, or of the pursuer's right, the Lords found it not proper to dispute in this process and action of letters conform; but reserved the same to be tried by suspension or double poinding, or in any other lawful pursuit, prout de jure, whereto this decreet should not be prejudicial.
Act. Mowat. Alt. Steuart and Sandilands. Gibson, Clerk. Vid. 4th July, 1627, Mackenzie.
Page 407.
The electronic version of the text was provided by the Scottish Council of Law Reporting