Scottish Court of Session Decisions
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URL: http://www.bailii.org/scot/cases/ScotCS/1630/Brn010178-0408.html
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You are here: BAILII >> Databases >> Scottish Court of Session Decisions >> Marion Peebles v Lord Ross. [1630] 1 Brn 178 (22 January 1630) URL: http://www.bailii.org/scot/cases/ScotCS/1630/Brn010178-0408.html |
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Subject_1 DECISIONS of the LORDS OF COUNCIL AND SESSION reported by SIR ROBERT SPOTISWOODE OF PENTLAND.
Subject_2 Such of the following Decision as are of a Date prior to about the year 1620, must have been taken by Spotiswoode from some of the more early Reporters. The Cases which immediately follow have no Date affixed to them by Spotiswoode.
Date: Marion Peebles
v.
Lord Ross
22 January 1630 Click here to view a pdf copy of this documet : PDF Copy
Craig's opinion may be reconciled with the Lords' decision thus: For when the retour containeth a liquid silver-duty, all the bygones thereof must be paid before the superior be obliged to infeft his vassal, as in the decision mentioned, Earl of Wigton against the Lord Yester; but, where the duty is not constituted, nor liquid, as in ward-lands, it is not reason to hinder the superior to enter the vassal, because he is not paid of the non-entry duties subsequent to the ward, but he must pursue for it by way of action, as was found betwixt Marion Peebles and my Lord Ross.
Page 96.
The electronic version of the text was provided by the Scottish Council of Law Reporting