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Scottish Court of Session Decisions >>
Cockburn v Cockburn. [1676] Mor 13389 (7 January 1676)
URL: http://www.bailii.org/scot/cases/ScotCS/1676/Mor3113389-014.html Cite as:
[1676] Mor 13389
Recognition sustained upon a wife's infeftment of ward, in the year 1643, though, by the laws then standing such were allowable, seeing after the rescinding of these laws, there was no application made to the King for confirmation.
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Sir James Cockburn of Ryslaw pursues declarator of recognition of the lands of Easter Prantunan, holden ward of the King, as fallen in recognition, by an infeftment granted by James Cockburn of Ryslaw, to Ninian Cockburn his natural son, anno 1643; and calls Cockburn of Chouslie, as apparent heir to Ryslaw; who alleged absolvitor, because, by the act of Parliament 1641, it was lawful to set feus of ward-lands holden of the King, and albeit these acts be rescinded, yet there is a salvo of rights acquired by them; and though they were not, the granting of such rights at that time could be no contempt or ingratitude against the superior. It was answered, That though there was no contempt at that time, yet it became a contempt, in so far as no application was made to the King, or Exchequer, for a confirmation after his return, and after the rescinding of these acts, as hath been frequently sustained by the Lords.
The Lords repelled the defence, in respect of the reply.
