Scottish Court of Session Decisions

Subject_1 DECISIONS of the LORDS OF COUNCIL AND SESSION, reported by SIR PETER WEDDERBURN, LORD GOSFORD.

The King's Advocate
v.
the Vassals of Inch-Jaffray

Date: 15 July 1668

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The King's Advocate pursuing the vassals and tenants of Inch-Jaffray for feu and teind-duties only for time to come; compearance was made for the Lady Inch-Jaffray, liferenter, and her daughter, who was heir to Mr Patrick Murray, who was commendator of the abbacy, and had a wadset both of the temporality and spirituality, aye and while he and his heirs should be paid of £1200 sterling; whereupon they having been ever since in possession, they craved to be preferred: Notwithstanding whereof, this action was sustained at the King's instance, and his Advocate's: Because the Lords found, That the right of commendator, granted to the said Mr Patrick, being but a temporary trust, expired with himself: And for the mortgage or wadset, they found it was not habilis modus to denude the King of the temporality; there being no act of dissolution, and infeftment following thereupon; but a naked ratification thereof in Parliament; which was not sufficient: And, for the spirituality, there was nothing but a naked charter, whereupon no infeftment followed, and to which the King had only a right of presentation.

The parties in this process, viz. Lieutenant-general Drummond and the defenders, were agreed before decision.

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