Scottish Court of Session Decisions

Subject_1 DECISIONS of the LORDS OF COUNCIL AND SESSION, reported by SIR JOHN NISBET OF DIRLETON.

Bishop of Dumblain
v.
Kinloch of Gilmertoun

Date: 11 July 1676

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In anno 1620, his Majesty's grandfather did annex the deanery of the chapelroyal to the bishopric of Dumblain; and did mortify thereto an annualrent of ten chalders of victual out of the lands of Markle and Traprane: By virtue of which right, the bishops of Dumblain have ever since possessed the said annualrent, until 1638, that the bishops were suppressed. And thereafter, Mr Alexander Henderson, and Mr Robert Blair being provided thereto, as his Majesty's chaplains, did continue in the possession of the same, till the bishops were restored in 1661; and since, the Bishop of Dumblain was in possession of the same. But Francis Kinloch, now heritor, though he had been in use of payment of eight chalders of victual, as a part of the said annuity, out of his lands, since he acquired a right to the same; being charged at the instance of the said Bishop, did suspend upon that reason, viz.—That the said annualrent was wadset by the Earl of Bothwel, in the year 1587, to Mr Thomas Craig, for 7000 merks; and John Murray, Earl of Annandale, having acquired the right of the said annualrent, and having resigned the same in favours of King James, to the effect it might be mortified, as said is; the King, by the said mortification, could give no other right than what flowed from the said persons his authors, which was redeemable, as said is: And, de facto, the said right was redeemed; in so far as the right of reversion of the said annualrent having come in the person of the Duke of Lennox, donatar to the forefaulture of the Earl of Bothwel, and from him to the Earl of Balcleugh, and from the late Earl of Balcleugh to Sir John Scot of Seatoun.——Cætera desunt.

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