Scottish Court of Session Decisions

Subject_1 REDEMPTION.

Bishop of Glasgow
v.
Mauld

Date: 20 March 1635
Case No. No 37.

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In a declarator of redemption, pursued at the instance of the Bishop of Glasgow, against Robert Mauld, for a room in Doune, it was alleged by the defender, That David Earl of Crawford, to whom the reversion was first granted had discharged, at least past, from the said reversion, in so far as by his confirmation he had received the defender's father his vassal of the said lands, without any reservation of the said reversion, and so has prejudged himself, as superiors do when they confirm a charter made by the vassal to another person of a different holding from the first. To which it was answered, That the receiving a vassal in place of another, does not prejudge the superior of his right of reversion, except the same were discharged expressly. The Lords repelled the allegeance in respect of the reply.

Auchinleck, MS. p. 183.

*** Durie's report of this case is No 74. p. 6516, voce Implied Discharge and Renunciation.