Scottish Court of Session Decisions

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.

Alexander Hay of Monkton
v.
Lord Yester

Date: 15 February 1634

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The Goodman of Monkton held some lands feu in Tweddale, of the Lord Yester, which he feued again to a sub-vassal. Alexander Hay of Monkton, having right thereto by the decease of the said Goodman of Monkton, charged the Lord Yester to infeft him therein. He suspended on this reason, That he ought to pay him a year's rent of the land before he entered him. Answered, He was content to pay £24, which was all he got from the sub-vassal by year. Replied, He must have the full rent of the land, being a thousand merks yearly; seeing his vassal could not feu the lands to another in prejudice of him, but, whatever such a casualty would have imported before the sub-feu, it must be of the same condition presently; especially seeing the charger, all these years bygone, might have intromitted with the whole rents of the lands, and had right thereto by his vassal's being at the horn year and day. The Lords found the letters orderly proceeded for entering the charger, he paying to the superior only £24, which was the sub-feu-duty paid to him by his vassal; conform to a practique betwixt the Earl of Nithsdale and the Laird of Tellin, 1630, which was produced and alleged.

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