Scottish Court of Session Decisions

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

The Goodman of Munktoune
v.
Lord Yester

Date: 15 February 1634

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The Goodman of Munktoune, having comprised or gotten adjudication of certain lands holden of the Lord Yester, charges the said Lord to enter him thereto. The superior for the entry craves a year's duty of the said lands, extending to £1000. It is answered, That thir lands being feued, before the Act of Parliament, to a vassal for the sum of £24 of feu-duty; and, by the comprising or adjudication, the Goodman of Munktoune having right to no more but to the said feu duty,—he could not, of law, be subject to pay any more to his superior for his entry; and alleges a practique, wherein the like was decided betwixt the Laird of Teilling and the Earl of Nidsdale, anno 1631. The Lords decerned conform to the said practique.—15th February 1634.

It was farther alleged, That the Lord Yester behoved to have the full avail of the lands, for his entry; because the person's liferent, who was vassal to the Goodman of Monktoune, was fallen in his hands, and he had componed with him for the same. The Lords found, That this casualty of Munktoune's vassal could not be profitable to the Lord Yester, superior to Munktoune.

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