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Scottish Court of Session Decisions >>
Douglas v Lord Buccleugh. [1610] Mor 6681 (25 July 1610)
URL: http://www.bailii.org/scot/cases/ScotCS/1610/Mor1606681-095.html Cite as:
[1610] Mor 6681
Who must satisfy Production. - What terms allowed for Production. What incumbent on the Defender. - What his Privileges.
Douglas v. Lord Buccleugh
Date: 25 July 1610 Case No. No 95.
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In an action of improbation pursued by Sir James Douglas of Drumlanrig, knight, against Walter Lord Scott of Buccleugh, for exhibition of his writs of the barony of Hawick, granted to him and his predecessors by the King's Majesty, and his Highness's predecessors, it was alleged, that seeing the pursuer's infeftments were, in anno 1509, granted by King James IV. upon the recognition, that the Lords cannot compel the Lord Buccleugh to produce any infeftments granted by the Kings before that time. To the which it was answered, That the allegeance ought to be repelled, except they would condescend upon some right granted by the Kings for the time, before the same year 1509; in which case, if they would produce the same, the Lords would take order for all others not produced; otherwise certification ought to be granted, as was decided betwixt the Earl of Glencairn and the Earl of Home. * ——— The Lords repelled the allegeance, and declared that if they would not produce an infeftment under the Great Seal, before the said year 1509, that they would consider of the allegeance.
