Scottish Court of Session Decisions

Subject_1 DECISIONS of the LORDS OF COUNCIL AND SESSION, reported by SIR GEORGE AUCHINLECK OF BALMANNO.
Subject_2 The following CASE, and those in the preceding pages, marked as taken from 2d MS. are not found in the MS. followed by Mr Morison, while printing in his Dictionary the Cases from Auchinleck referred to in the Folio Dictionary by Lord Kames.

Lord Lorn
v.
James Stewart

Date: 18 January 1634

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James Stewart is pursued by the Lord Lorn for the maills and duties of the lands of Craiggunnock, extending yearly to 400 merks, by the space of ten years. He alleges, that he ought to have allowed to him, by other payments made by him, thirty shillings yearly, paid by him to the chamberlain of Dumfermling, which his predecessors, occupiers of the roum, were in use to pay; conform to which use, he had made payment the years of his occupation. It was replied, That the allegeance was not relevant, unless he would allege that he was compelled to make payment thereof, by a sentence or by command of his master; for it were a dangerous preparative, if a tenant, without consent or command of his master, should bring a servitude upon his master's land, by putting the kirk in possession, which might thereby establish a right to the kirk, and prejudge the heritor. The Lords found, that the payment made by the defender should be allowed to him; but declared, that this allowance of payment should noways be obtruded to the Lord Lora when he should contest with the chamberlain of Dumfermling hereafter upon the right of this annualrent.

2d MS. Page 190.