Scottish Court of Session Decisions

Subject_1 DECISIONS of the LORDS OF COUNCIL AND SESSION, reported by SIR ROGER HOG OF HARCARSE.

Craighall
v.
Athernie

1686. January.

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Athernie having suspended a bond granted by him to Craighall, for his entry, upon this reason:—That his lands being a part of the abbacy of Northber-wick, which was annexed to the crown in the year 1633, the king is superior, and nothing reserved to the lord of erection but the feu-duties, till redemption; so that the suspender hath mistaken Craighall for his superior; and here the king's advocate concurs with the suspender. Answered, By the Act of Parliament 1661, there is an exception of such vassals as had consented, or should consent, to rights of superiority of church-lands, as importing a resignation of the property in favours of the superior; and here the vassal, in the year 1634, made a formal resignation of the property in the king's hands, in favours of Craighall, then lord advocate, who was infeft thereon; which is much stronger than a bare consent mentioned in the Act of Parliament, and would have been a valid right, though there had been no such provision in the Act of Parliament for making consents equivalent to resignations; for, at all times, resignations were lawful, even before the Act of Parliament. The Lords found the letters orderly proceeded, and the sum payable to Craighall, as superior, for the entry.

Page 264, No. 940.