[1763] 5 Brn 607
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 SUPERIOR AND VASSAL.
Date: The D of Buccleugh
v.
The Inhabitants ofDalkeith
15 November 1763 Click here to view a pdf copy of this documet : PDF Copy
The Duke of Buccleugh, Baron of Dalkeith, infeft cum brueriis, pursued certain of the inhabitants for importing ale into the barony, contrary to regulations made by his baron courts. “ The Lords found, That, in respect the suspenders, and their authors, were feuars of the barony before the year 1673, when the regulations against importing ale into the barony were made, therefore, that these regulations were not binding upon the suspenders ; and suspended the letters simpliciter.”
A decision had been pronounced, 27th February 1762, to the same effect and on the same principles, Orrock against Bennet, &c., and extending it to tacksmen who had prior tacks.
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