Scottish Court of Session Decisions

Subject_1 DECISIONS of the LORDS OF COUNCIL AND SESSION, reported by SIR GEORGE AUCHINLECK OF BALMANNO.

John Kincaid
v.
Sir Leues Lauder

Date: 1 December 1629

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Sir Leues Lauder, who had denounced John Kincaid, who holds the lands of Gogar of the said Sir Leues in feu-firm, to the horn, for non-payment of his duty, which horning was unknown to the rebel, while year and day was expired; after which time Sir Leues, as superior, dispones the gift of his vassal's liferent, and the donatar intents declarator. John Kincaid intents reduction of the horning, and all that followed or might follow thereupon, by reason the said Sir Leues had fraudulently concealed from his vassal having denounced him to the horn on the Saturday, and had, on the Tuesday thereafter, received from him his feu-duty, and had given him a discharge thereupon. So, seeing there was no disobedience that could be alleged on the vassal's part to his superior, the Lords found the horning null, in so far as concerned Sir Leues, and noways of power to infer the falling of the vassal's liferent to the superior.

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