Subject_1 DECISIONS of the LORDS OF COUNCIL AND SESSION, reported by SIR JOHN LAUDER, LORD FOUNTAINHALL.
Hugh Weir v. Thomas Gray
Date: 16 December 1663
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In July, 1593, there is a contract of alienation made betwixt William Levin-stone, of Jerreswood, as patron to the chaplainry of Lady Alverage, lying within the Kirk of the town of Lanerk, called St. Nicolas' Chapel, with consent of Jo. Levinstone, incumbent chaplain at the time; and Ja. Gray, notary, burgess of Lanerk; whereby the said William dispones the said chaplainry, with the houses and barn-yard adjacent thereto, as also the acre of land called the Lady acre, with half an acre called the Bonnet or Typpett, to the said Ja. to be holden of him as superior for payment of 40s. Scots money, in name of feu-farm, being the retoured duty thereof, yearly. Sir William Lockhart, of Carstares, he acquires the superiority of the said lands, and dispones it to Jo. Hushillwood, Bailie of Lanerk Ja. Gray, the vassal, dies, in anno 1643; whereupon the tenement falls in non-entry in Hushillwood, as superior, his hands. He assigns it to one Hugh Weir, maltman there: who, as donator, and by virtue of the gift and disposition made to him, raises a summons of declarator against Mr. Thomas Gray, writer in Edinburgh, oy to the said Ja. Gray; to hear and see it found and declared by the Lords, that the said tenements in Lanerk have been in non-entry since 1643, and are, and will be still in all time coming, aye and while the lawful entry of an heir of perfect age: Item, to see it declared that the whole farms, mails, profits, and duties of the said lands, have appertained, for the whole space foresaid, to the said superior, John Hushillwood, and, consequently, to this pursuer as his donatar: item, that they will appertain to them in all time coming, aye and while the lawful entry, &c. with the relief of the same, when it shall happen; the retoured duty, owing for twenty years together, amounting to L.40: Item, the farms of the said lands being set at their true avail, will extend to L.48 yearly; as a testificate, declaration, or acknowledgment of the defenders, produced by the pursuer, bears: item, to hear it found and declared, that seeing this pursuer has good and undoubted right to call for the mails and duties of the said lands, for all the time they have been in non-entry; item, for the feu farm thereof; that messengers at arms be directed to poind, apprise, and distrenyie the readiest goods and gear that shall be found upon the ground of the said lands, for the said mails and duties owing; and failyieing of moveable goods and gear streinyable, to apprise the ground-right and property thereof, to the said pursuer, as donatar, aye and while he be made completely paid.
The Lords, upon sight of the letters of gift and disposition, decerned conform to the desire of the summons; by reason, especially, that the defender, compearing by his procurator, consented thereto.
Act. Sir George Lochart.Alt Mr. Jo. Harper.
Signet MS. No. 37, folio 11.
