Scottish Court of Session Decisions

Subject_1 SERVICE OF HEIRS.
Subject_2 SECT. II.

Tenor of the Brieve. - Form of proceeding. - Reduction of Service. - Can a Service be stopped by an offer to prove a nearer Heir?

Queen's Advocate
v.
-

Date: 16 March 1548
Case No. No. 6.

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At Linlithgow, in the cause and action of error moved by the Queen's advocate against the Laird of ————, for retreating of his service of the lands of ——, because the retour bore, that these lands were holden of the Lord of St.——, for service of keeping of his castle of St.——, albeit of the law of Scotland, as the Queen's advocate alleged, there was no holding of lands, but either blench, ward, or feu farm; and the assize had not served nor retoured one of these holdings: Nevertheless, the Lords decerned the assize quit of the summons, and to have retoured well, because the said Laird's charter that he had of the Lord of St.——, bore “reddendo nobis et successoribus nostris servitium custodiæ castri nostri de St.——, pro omni alio onere,” &c.

Fol. Dic. v. 2. p. 370. Sinclair, MS. p. 81.