BAILII
British and Irish Legal Information Institute


Freely Available British and Irish Public Legal Information

[Home] [Databases] [World Law] [Multidatabase Search] [Help] [Feedback]

Scottish Court of Session Decisions


You are here: BAILII >> Databases >> Scottish Court of Session Decisions >> Anent Precepts of Clare Constat. [1673] 3 Brn 32 (00 November 1673)
URL: http://www.bailii.org/scot/cases/ScotCS/1673/Brn030032-0036.html

[New search] [Printable PDF version] [Help]

[1673] 3 Brn 32      

Subject_1 DECISIONS of the LORDS OF COUNCIL AND SESSION, reported by SIR JOHN LAUDER OF FOUNTAINHALL
Subject_2 WINTER SESSION. - Anni 1973.

Anent Precepts of Clare Constat

1673. November.

Click here to view a pdf copy of this documet : PDF Copy

About this time, quærebatur, if a precept of clare constat granted by a superior to his vassal's heir, for infefting him in the lands holden of him, prejudges the superior of any preceding duties, non-entries, or casualties, due furth thereof. It seems to be no discharge or exoneration of preceding casualties unless it bear a novodamus.—See M'Keinzie's Pleadings, p. 144.; and Dury, 23d March, 1630, Tourelands contra Auchnames.

Advocates' MS. No. 426. folio 227.

The electronic version of the text was provided by the Scottish Council of Law Reporting     

About BAILII - FAQ - Copyright Policy - Disclaimers - Privacy Policy amended on 25/11/2010