Recompence due for a grant of bailiary over the grantee's lands, lying in a churgn regality, on which there had been no possession for 40 years.
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The Dutchess Dowager of Gordon claimed the Bailiary of Regality over her own lands of Prestonhall, in virtue of a charter 1688 from the Archbishop of St Andrew's, of the lands, with the office, described as lying within the regality of St Andrew's, proceeding upon a resignation.
Objected, That there had been no exercise of jurisdiction upon this grant of Bailiary.
It was considered, That the grant was to a proprietor over only his own lands; so that there were no heritors who could have prescribed an immunity. And the only effect of the Bailiary being lost, would be the falling back of the estate under the general jurisdiction of the Regality of St Andrew's; which could not be pretended by the Lord of Regality in this case, or the like, where the lands and office were contained in one grant for one general reddendo, which the Lords had constantly accepted for both.
The Lords therefore sustained the claim.
Fol. Dic. v. 3. p. 364. D. Falconer, v. 1. No 236. p. 321.
