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In a declarator of recognition, it was alleged for the defender, That the lands disponed in wadset were partly ward, partly blench, and partly feu, and so the ward can be considered pro rata only with the other lands; which the Lords sustained; just as if there had been two ward-tenements for a sum, which compared to one would be the major part, but would not be the major part of both. 2do, It was further alleged for the defender, That the wadset, though it was not feu but blench, yet being granted after the year 1640, when wards were abolished by the powers then in being, the vassal should be excused from the effect of the feudal delinquency; especially seeing, before the King's restoration there was a requisition of the wadset sums, and apprising led of the lands, which creditors might lawfully do.
The Lords, before answer, allowed trial to be made of the worth of the lands wadset.
