Scottish Court of Session Decisions

Subject_1 DECISIONS of the LORDS OF COUNCIL AND SESSION, reported by SIR GEORGE AUCHINLECK OF BALMANNO.

David Urquhart
v.
William Dick, The Earl of Caithness, &c

Date: 9 July 1629

Click here to view a pdf copy of this documet : PDF Copy

Gawin Dumbar has a pension, granted him by the Earl of Caithness, of forty bolls of bear, for the space of 19 years, requiring the first term's payment in anno 1610; and, for sure payment thereof, is assigned to be paid by the tenants of certain lands in Caithness. He obtained decreet and letters, conform to his pension, and apprehends possession, by uptaking of the same from the tenants by the space of five or six years. William Dick, and some other merchants in Edinburgh, comprise the said lands from the Earl, and intromit with the haill duties by the space of ten years. The pensioner makes David Urquhart assignee to the pension. He pursues the tenants, the Earl of Caithness and William Dick and his colleagues, for the pension. William Dick alleges, They cannot be convened as intromitters with the rents of the lands libelled; because their intromission was by virtue of their public infeftment, proceeding upon a comprising, whereof they have been in possession by the space of 12 years; and this pension being given but by a laic person, cannot be esteemed a real right, as pensions given by a kirkman. The Lords found the exception relevant.

Page 165.