Scottish Court of Session Decisions

Subject_1 DECISIONS of the LORDS OF COUNCIL AND SESSION, reported by SIR JOHN BAIRD OF NEWBYTH.

Lord Rentoun
v.
The Feuars of Coldinghame

Date: 11 July 1665

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The Lord Rentoun pursues a declarator, against the feuars of Coldinghame, to hear and see it found and declared, that he has good and undoubted right to certain duties paid forth of the said lands; and to hear the same decerned to be paid to him, from the year 1580, and in time coming; and particularly a threave of oats forth of every husband-land of the said lordship. In this cause, the pursuer and defender being ordained hinc inde to produce all writs relating to their lands, and that before answer; and the pursuer having produced several rights, as charters; and it being alleged by the defenders, that no respect can be had thereto, because there was no formal constitution of a right, in his person, to the duties libelled, to infer a servitude against; and that the writs produced are defective, through want of a clear progress from the first author to the pursuer:—

The Lords repelled the defence proponed for the defenders; and would not suffer them to propone any; in regard they had produced no writs at all; and ordained them to produce instantly what they have, and to depone thereupon.

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