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The Earl of Annandale v The Tenants of Dalton. [1694] 4 Brn 203 (26 July 1694)
URL: http://www.bailii.org/scot/cases/ScotCS/1694/Brn040203-0456.html
Subject_1 DECISIONS of the LORDS OF COUNCIL AND SESSION, reported by SIR JOHN LAUDER OF FOUNTAINHALL.
The Earl of Annandale v. The Tenants of Dalton
Date: 26 July 1694
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The Earl of Annandale against the tenants of Dalton, for payment of a mart laidner-cow, out of each parish, to the number of thirty-two parishes; as a reddendo in his charter, for keeping the castle of Lochmaben. The tenants alleged they were not liable in any such servitude, but only their masters, who were not called; and they denied the custom.
Answered,—It is like a debitum fundi; and he offered to prove possession, by witnesses at the bar.
The Lords found thir duties no otherwise acclaimable than they had been possessed; and allowed the Earl to prove the notoriety of the custom by witnesses: notwithstanding they offered to prove interruption, seeing he did not singly found on prescription, but likewise instructed a right by his charter. Many of thir constabulary dues are claimed where the service ceases; as Nithsdale's castle of Threat; the constabulary of Dundee: and here Lochmaben castle is demolished, and so can have no garrison to protect them from thieves. Thir extortions have been always complained of.
