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You are here: BAILII >> Databases >> Scottish Court of Session Decisions >> Ball of Blackethouse v Duke of Queensberry. [1763] 5 Brn 470 (16 November 1763)
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Cite as: [1763] 5 Brn 470
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[1763] 5 Brn 470
Subject_1 DECISIONS of the LORDS OF COUNCIL AND SESSION. reported by Alexander Tait, Clerk of Session, One of the Reporters for the Faculty.
Subject_2 HEREZELD.
Date: Ball of Blackethouse
v.
Duke of Queensberry
16 November 1763 Click here to view a pdf copy of this documet : PDF Copy
Bell of Blackethouse held lands of the Duke of Queensberry: in the reddendo was a clause, that the vassal should pay optimum equum pro herezeldo. Bell sold the lands in three parcels, and the purchaser of the largest parcel took his charter from the Duke, with the clause pro herezeldo ; the second purchaser, however, refused to allow it to enter into his charter, in respect one herezeld only was due for the whole.
“ The Lords, 16th November 1763, sisted process till the other two purchasers were brought into the field.”
A herezeld is not a casualty incident to a feudal holding ; it was originally due only in the case of a tenant at will dying in possession of a farm; and, by acceptation of it, the master is bound to continue the widow and children of the tenant deceased in possession of the farm, for another year, on the same terms.
The electronic version of the text was provided by the Scottish Council of Law Reporting