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Scottish Court of Session Decisions >>
Catharine Lauder, Lady Balquhilly, v William Gordon of Pencaitland. [1695] 4 Brn 250 (18 January 1695)
URL: http://www.bailii.org/scot/cases/ScotCS/1695/Brn040250-0561.html
Subject_1 DECISIONS of the LORDS OF COUNCIL AND SESSION, reported by SIR JOHN LAUDER OF FOUNTAINHALL.
Catharine Lauder, Lady Balquhilly, v. William Gordon of Pencaitland
Date: 18 January 1695
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The Lords heard, in prœsentia, the reduction pursued by Catharine Lauder, Lady Balquhilly, against William Gordon of Pencaitland, donatar to the ward, for reducing his gift of simple ward; in respect it was instructed, by a charter in 1588, and a tract of subsequent rights, that it was taxed. Alleged,—The lands became simple ward again; because, in 1663, the lands having recognosced in the king's hands, were gifted to Forbes of Corse; and that, being a new and original right, altered the former,—it not being specially renewed therein. Answered,—Though it bore, in the reddendo, servitia debita et consueta, yet it also had this clause, antedictam nostram chartam; which can only be relative to the former taxed ward.
The Lords found this could import no alteration of the former taxing charters.
