Scottish Court of Session Decisions

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

Thomas Paterson
v.
Walter Murray of Levingston

Date: 30 March 1637

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Thomas Paterson, having comprised the lands of Cribbillaw from John Pringle, as lawfully charged to enter heir to the deceased Sir James Pringle of Gallowshiels; and, upon this comprising, having charged Walter Murray of Levingston, superior of the said lands, to infeft him,—he suspends, upon this reason, That he, being superior, ought to have a year's duty for his entry. Against the which it was answered, That the most the superior could crave was a year's annualrent of the principal sum of 2400 merks, for the which the lands were comprised by the charger; and it were against all law and reason and equity, that, for so small a sum, the charger should pay 800 merks to the superior which is a year's duty of the lands; especially seeing the compriser, when he is entered and infeft, is uncertain of the possession of the lands, in respect of divers persons that have claim to them, and action depending thereanent. The Lords would not restrict the year's duty to the annualrent of the money; but took consideration of the premises, and modified the year's duty to three hundred merks.

2d MS. Page 38.