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Scottish Court of Session Decisions >>
Heir of Milnton v Calderwood. [1622] Mor 386 (16 March 1622)
URL: http://www.bailii.org/scot/cases/ScotCS/1622/Mor0100386-007.html Cite as:
[1622] Mor 386
Subject_1 ALIMENT. Subject_2 Of the act 1491, cap. 25. anent alimenting of Heirs. Subject_3 Import of the Act:
It is ordained, that where any lands happen to fall in ward to the King, or any baron of the realm, spiritual or temporal, or lands given in conjunct fee or liferent, as well as to burgh as to land, that the sheriff of the shire or bailies shall take surety of the person or persons, that gets or has such wards, that they shall not waste or destroy their biggings, orchards, woods, stanks, parks, meadows, or dovecots, but that they hold them in such kind as they are in the time that they receive the same; they taking their reasonable sustentation, or using, in needful things, without destruction or wasting thereof. “And an reasonable living to be given to the sustentation of the air, after the quantitie of the heritage, gif the said air has na blanche ferme, nor feu ferme land, to susteine him on, alsweil of the ward lands, that fallis to our Soveraine Lordis hands, as onie uther barronne, spiritual or temporal.”
Scots Acts, v. 1. p. 158.
Heir of Milnton v. Calderwood
Date: 16 March 1622 Case No. No 7.
The modification of an aliment was refused to a vassal of ward-lands, because he had other rents; and the superior was found only bound to pay proportionally, to supply the defect of the aliment.
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The heir of Milnton having obtained a decreet of modification to he paid for his aliment, by the superiors and possessors of his ward-lands, during his minority; George Calderwood suspended; in discussing whereof the Lords found, That so long as he had sufficient free rent of blench, or free lands or teinds, he could have no action for modification from the wardatars. Next they found, That the yearly profit of the lime quarry could not be counted in the rental, unless the minor and his tutors would renounce all action they could move against him, for selling of the limestone to strangers; as also that he would not be charged for any more for his part, than according to the proportion of the free rent of the lands holden of him, and of the ward-lands holden of the King.
Fol. Dic. v. 1. p. 29. Haddington, MS. No. 2617.
*** This same was found, in the case Buchannan against Stewart, 1st December 1534, from Balfour. See Superior.
