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Scottish Court of Session Decisions >>
Archbishop of St. Andrew's v L. Torsonce. [1610] Mor 15011 (12 July 1610)
URL: http://www.bailii.org/scot/cases/ScotCS/1610/Mor3415011-007.html Cite as:
[1610] Mor 15011
Subject_1 SUPERIOR AND VASSAL. Subject_2 SECT. III.
Casualties due si petantur tantum.
Archbishop of St Andrew's v. L Torsonce.
Date: 12 July 1610 Case No. No. 7.
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He who holds his lands blench of a subject, for payment of a blench-duty at Whitsunday or at Martinmas, si petatur tantum, will not be subject to pay that blench-duty if it be not craved within the year after the term of payment.
1611, June 15.—He who is bound by his charter to pay yearly libram ceræ, or any such duty ad festam Pentecostes vel sancti Martini nomine albæ firmæ si petatur tantum, if his blench-duty be not craved within the year after the term of payment, the vassal will be free thereof in all time thereafter.
Fol. Dic. v. 2. p. 406. Haddington MS. No. 1956. & 2218.*** Kerse reports this case:
In an action betwixt the Bishop of St. Andrew's and John Hoppringle of Torsonce, the Lords found, That Torsonce having the lands of Hoppringle holden of the Bishop for payment of a stone of wax at Martinmas si petatur tantum, was not obliged for the by-gone duty, because it was not required before the next term; and the Bishop of St. Andrew's should be obliged not to require within the space of the next term.
