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.
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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.
