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Scottish Court of Session Decisions >>
The Relict of Robert Bruce v The Town of Innerkeithing. [1680] 3 Brn 327 (27 January 1680)
URL: http://www.bailii.org/scot/cases/ScotCS/1680/Brn030327-0424.html
Subject_1 DECISIONS of the LORDS OF COUNCIL AND SESSION, reported by SIR JOHN LAUDER OF FOUNTAINHALL Subject_2 SUMMER SESSION.
The Relict of Robert Bruce v. The Town of Innerkeithing
Date: 27 January 1680
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The cause of the relict of Mr Robert Bruce, Minister at Innerkeithing, against that town, was this day debated. There is a tenement within that burgh-royal, which holds not burgage, but feu of the King: the town stents the inhabitants of it with the rest of the citizens; they suspend that they are not liable, it not being burgage-lands, and the town by their jurisdiction might not take a prisoner out of that house; and they might as well stent my Lord Halton for the house he possesses, which belonged to the Constable of Dundee; and there are Fordel, and other gentlemen, that have houses there in the same case. Craigie gave them the Lords' answer; and, on the 5th February 1680, the Lords found it not liable to be stented by the town, if the heritors of the landward parish and the shire of Fife will compear and allege that it ought to pay with the shire. For hitherto it had, like the concealed lands, paid with neither, but was cast in with other lands and teinds of the Earl of Dumfermline's; who having now sold it, it had never yet received a separate valuation.
