By the act of annexation 1633, the right of such superiors only was reserved as subscribed the surrender. After a long time it was presumed it had been subscribed.
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Mr David Watson having acquired right to the superiority of Stenhouse Mill, pursues the feuers for their feu-duties; who allege, first, No process, the lands in question being kirk-lands disponed to a Lord of Erection; and, it is declared, that the Lords of Erection having only right to the feu-duty till they be redeemed by the King at ten years purchase, by the act of Parliament thereanent in 1633, c. 10. and thereby none have right but such as subscribed the submission, surrendering their interest in the King's hands; until the pursuer instruct that his author did subscribe the said submission, he hath no interest. 2dly, Absolvitor from the feu-duties 1650 and 1651, because the lands were wasted these years by public calamity of war. 3dly, Absolvitor from harrage and carrage, because all services are reserved to the King, by the said act of Parliament.
The Lords assoilzied from harrage and carrage, but differed for the feu-duty, being small, and found no necessity for the pursuer to instruct, that this author did subscribe the surrender, after so long time, but that the same was presumed for his so long bruiking the fee.
