Subject_1 DECISIONS of the LORDS OF COUNCIL AND SESSION, reported by SIR JOHN LAUDER, LORD FOUNTAINHALL.
Lord Halton v. Scrymgeor
Date: 13 February 1671
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This was a declarator of his gift of ultimus hæres to the deceased Earl of Dundee. Against which it was alleged for Kirkton, That there could be no declarator, because by the very charter produced by them in process, there was a clause of substitution conceived in favours of the defender's goodsire, whereby failying of heirs-mail of Dudhop, the lands were tailyied to Kirktoun and his heirs. Item, offered to prove by writs in the charter chest, (which had been given up to Halton upon a naked bill,) that he was within the ninth degree of consanguinity to the last Earl, and that all by the male line; for proving whereof he craved inspection of the said charter kist. This was denied him; and he was appointed to pursue an exhibition thereof against Halton, as accords, for making his specific sibness appear: and for the tailyie it was broken since.
Upon which the gift was declared; reserving ut supra. this was thought hard.
