Subject_1 DECISIONS of the LORDS OF COUNCIL AND SESSION, reported by SIR JOHN LAUDER, LORD FOUNTAINHALL.
Sir George Kinnaird v. Reids
Date: 22 February 1665
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Sir George Kinnaird, as donatar to the master of Gray's recognition, pursues a declarator of the hail barony of Foulls, to the which Mr. Andro, Pat. and Robert Reids, were called, who were vassals to the Lord Gray, by service of ward and relief for the lands of the Knap, and which were disponed by the Lord Gray's predecessors to the Lairds of Moncur, 300 years ago. Amongst other debates in that case, whereof I have the note, it fell to be questioned, if the lands of Knap, sold as said is, could recognosce upon deeds done by this Master of Gray, post tantum temporis intervallum; or if the deeds of his predecessors, could be drawn back and conjoined with the deeds done by this Master of Gray, so as to make up the cause of recognition.
It was found that the Knap, being a part of the barony of Fouls, feued out 300 years since, without the superior's consent, did recognosce to the superior and his donatar, by the deeds done by this last vassal; for the deeds of all the vassals being joined made up the alienation of the greatest part of the feu without the superior's consent, and so recognosces; item, found that confirmations of base infeftments, though in the usurper's time, saved from recognition.
Act. Nisbet, Wedderburne.Alt. Wallace, Dinmuire. I. P. D.
Advocates' MS. folio 53.
