Subject_1 DECISIONS of the LORDS OF COUNCIL AND SESSION, reported by SIR JOHN LAUDER OF FOUNTAINHALL Subject_2 SUMMER SESSION.
Lord Cardross v. John Maitland
1680.
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January 21.—John Maitland, second son to my Lord Halton, having married my Lord Kilmawers1 daughter, and Stewart of Kirkhill's grandchild, obtains from the King the gift of Lord Cardross (who had married Kirkhill's other daughter,) his liferent escheat, upon a horning, whereof Cardross had paid the debt, but neglected to relax, or to take a gift. The narrative of the gift proceeds upon four or five grounds of equity, viz. the great services done by the donatar's father, and his uncle the Duke of Lauderdale, and their predecessors, and other good offices done by them to the Crown. Item, For the worthy memory of Chancellor Glencairn, her grandfather. Item, Because, contrary to law, the equal half of Kirkhill's estate, by tailyies and back-bonds and other such fraudulent means, hath been conveyed away from the Lady Kilmawers and her daughter, (to whom the half of the succession, by the law of God and nature, belonged,) and are enhanced by my Lady Cardross and her Lord. Vide infra, 24th February 1680.
Vol. I. Page 76.
February 24 .—The Lord Cardross having raised an improbation of the charge and execution of horning, whereon his escheat is gifted to John Maitland, (vide 21st Jan. 1680,) he gave in a bill, craving a commission for examining the witnesses in the messenger's execution, to lie in retentis, least they should die before June.
The Lords refused it, because it did not appear that they were old or valetudinary. Vide 4th June 1680.
