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Kincaid v Ld. of Hatton. [1610] Mor 13579 (1 December 1610)
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[1610] Mor 13579
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The heir of a feuar will not be holden to double his feu maill, or feu farm, at his entry to his lands, if he be not bound to that condition by the provision of his feu-charter.
Fol. Dic. v. 2. p. 334. Haddington, MS. No 2031.*** Kerse reports this case:
In an action betwixt the Lo. Hatton and John Kincaid, brother-son, and heir retoured to Alexander Kincaid; who died infeft in the mill and lands of Gogar, holden of —— chalders, —— bolls of victual, it was found, that the tenant was not obliged to double the feu-farm duty, because he was not obliged thereto in his infeftment.
Kerse, MS. fol. 108.
*** A Similar decision was pronounced 24th November 1736, Earl of Dundonald against Bar. See Appendix.
