Scottish Court of Session Decisions

Subject_1 GIFT OF WARD.
Subject_2 SECT. II.

Gift of Ward and Non-entry.

L of Coldenknows
v.
L Corsbie.

1611. July.
Case No. No 5.

Found in conformity with the above.

Click here to view a pdf copy of this documet : PDF Copy

Lands being in non-entries, a gift of ward, marriage, and non-entries, will not serve for the non-entries any longer nor three terms after the expiring of the ward. And a particular gift of non-entries subjoined in the said gift of ward, marriage and non-entries, for the donatar's bruiking the said gift of non-entries, after the expiring of the ward, will not be sustained. An infeftment of lands with a clause de novodamus , ratione foris-facturæ, non-introitus, &c. will not purge the bygone non-entries; because hoc non agebatur to prejudge the King of his casualty of the non-entries, but only to grant an heritable right ad futura. Laird of Coldenknows for the ward of Corsbie in Exchequer, and resolved by the Lords of Session.

Fol. Dic. v. 1. p. 350. Haddington, MS. No 2287.