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Scottish Court of Session Decisions >>
Aitchison of Ruchsalloch v The Duke of Hamilton. [1693] 4 Brn 50 (18 January 1693)
URL: http://www.bailii.org/scot/cases/ScotCS/1693/Brn040050-0114.html
Subject_1 DECISIONS of the LORDS OF COUNCIL AND SESSION, reported by SIR JOHN LAUDER OF FOUNTAINHALL.
Aitchison of Ruchsalloch v. The Duke of Hamilton
Date: 18 January 1693
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Aitchison of Ruchsalloch, against the Duke of Hamilton, for declaring the Barony of Monkland's exemption and immunity from the Sheriff-Court of Lanark, and their subjection to him as heritable bailie, constituted by the abbots and convent of Newbottle, with power of repledigation. Some alleged, It did not appear that either the convent had a right of regality, or that thir lands were dismembered, and erected with that power; and doubted if they could divide and give out these jurisdictions to their feuars. But the Lords, before answer, allowed a joint probation of the deeds of possession of this right of bailiary, or of the interruptions used by the Sheriffs of Clidsdale against it.
