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Scottish Court of Session Decisions >>
Blair Drummond v Innernytie. [1687] Mor 5118 (00 February 1687)
URL: http://www.bailii.org/scot/cases/ScotCS/1687/Mor1205118-002.html
Gifts of ward do not comprehend taxward lands unless expressed.
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Blair Drummond having, for the behoof of my Lord Chancellor, pursued Innernytie for the taxward-duties of the barony of Kinnaird,
Alleged for the defender; That Sir William Paterson had a gift of his ward in general, which comprehended taxwards also.
Answered; By the custom of Exchequer, gifts of ward do not comprehend taxward, unless expressed, in respect taxward is looked upon as a part of his Majesty's property, and of the nature of a feu-duty, for which the ground and lands may be poinded; whereas simple ward is of the nature of a temporary infeftment, and the intromitters only liable; and a gift is compounded for in Exchequer as a casualty, 2do, The defender had other ward lands untaxed, which were the proper subject of the said gift.
‘The Lords repelled the defences, and decerned.
Fol. Dic. v. 1. p. 349. Harcarse, (Ward.) No. 1009. p. 285.
