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You are here: BAILII >> Databases >> Scottish Court of Session Decisions >> Andrew Ker v The Laird of Coldingknows. [1628] 1 Brn 154 (11 March 1628)
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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: Andrew Ker
v.
The Laird of Coldingknows
11 March 1628 Click here to view a pdf copy of this documet : PDF Copy
Andrew Ker pursued a declarator of the Laird of Coldingknows's liferentescheat of the lands of Smaillum Spittell, as donator thereto by the Earl of Marr Lord Dryburgh, superior of these lands. Alleged, 1mo. No process upon his summons while they were continued, because the pursuer behoved to verify that Coldingknows was the Earl of Marr's vassal. Replied, No necessity, because, by the Earl of Marr's sasine produced, it is proven that the said lands hold of him. As to that, that Coldingknows is not verified to be vassal of the said lands to the Earl, Answered, It needs not be proven, because he is either vassal, or otherwise he must disclaim; which the pursuer is content he do. The Lords repelled the allegeance. See the next Case.
Page 102.
The electronic version of the text was provided by the Scottish Council of Law Reporting