Scottish Court of Session Decisions

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

Lady Blaquhan
v.
The Tenants of Cultreoch

Date: 7 July 1637

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Mary Stewart, relict of the deceased John Kennedie of Blaquhan, pursues removing against the tenants, contained in her seasine. It is alleged, This seasine could give her no process against the tenants of the lands of Cultreoch, because it is taken at the place of Blaquhan, lying in Carrick, and could not serve for the lands lying in Galloway. To the which it was answered, That the seasine was given upon a charter granted to her and her spouse by her father-in-law, the Laird of Blaquhan, conform to her contract of marriage; who had the haill lands contained in the seasine united in one barony, by a charter given by the king, and the seasine appointed to be taken for the haill lands at the place of Blaquhan; so he might very well give a charter to his apparent heir, and his spouse, of the said haill lands contained in his charter of union, and appoint the seasine to be taken at the place contained in his charter. To the which it was duplied, That this charter, alleged to be the warrant of the seasine produced, is but base, to be holden of the granter; and, albeit the king's vassal may have a union granted to him by the king, (who has only power to grant a union,) yet he has no power to grant a union to his sub-vassal, except it were confirmed by the king. To the which it was answered, That the old Laird of Blaquhan, since the base infeftment given to his apparent heir and his spouse, has resigned the haill lands, and, upon his resignation, the king has given a new infeftment to his son. To the which it was answered, That upon this new charter no seasine was taken to the lady, but only to her spouse. The Lords sustained the seasine, in respect of the first reply.

2d MS. Page 50.