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Subject_1 DECISIONS of the LORDS OF COUNCIL AND SESSION, reported by SIR GEORGE AUCHINLECK OF BALMANNO.
Date: Francis Douglas
v.
James Stewart
3 July 1629 Click here to view a pdf copy of this documet : PDF Copy
In the declarator of nonentries pursued by Francis Douglas against James Stewart, heir to David Stewart, since whose decease the nonentry was craved by the donatar of lands of Braidwood;—it was alleged, That no declarator can be craved at the donatar's instance; because this gift is taken to the behoof of the Earl of Lauderdale and Earl of Angus, his authors, seeing they have bruiked the possession of the lands since the decease of the said umquhile David, and so the nonentry can produce no farther right to the mails and duties of the said lands nor they have already; and the consequence of the declarator is frustrated. To the which it was answered, That the donatar might seek the declarator notwithstanding; that, in case their right of the lands should be reduced, they might use the gift of nonentry for their farther security. The Lords repelled the exception.
Page 140.
The electronic version of the text was provided by the Scottish Council of Law Reporting