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 >> The King's Advocate v Yeoman of Dryburgh. [1680] 2 Brn 259 (13 July 1680)
URL: http://www.bailii.org/scot/cases/ScotCS/1680/Brn020259-0536.html
[New search] [Printable PDF version] [Help]
Subject_1 DECISIONS of the LORDS OF COUNCIL AND SESSION, reported by SIR JAMES DALRYMPLE OF STAIR.
Date: The King's Advocate
v.
Yeoman of Dryburgh
13 July 1680 Click here to view a pdf copy of this documet : PDF Copy
The King's Advocate pursues Yeoman of Dryburgh for the avail of his marriage: who alleged Absolvitor, because his father had no ward-land, but was infeft upon an apprising for his security; which did not denude the King's vassal of the fee, but was consistent therewith, as pignus prætorium; especially, the appriser having died within the legal. The Lords having ordained the estate and burdens to be instructed, the defender deponed upon his rental; but was not suffered to depone upon the burdens, which his oath could not prove; and the term was circumduced against him, for not instructing his burdens, and for not proving this defence,—That the apprising was extinct by intromission or payment in the defunct's time: so that the defunct died uninfeft; and so his heir could not be liable in a marriage.
The Lords, upon these considerations, modified only two years' rent, acknowledged by the defender's oath.
Vol. II, Page 784.
The electronic version of the text was provided by the Scottish Council of Law Reporting