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Scottish Court of Session Decisions >>
Mr John Hamilton v The King's Advocate. [1748] Mor 7706 (26 February 1748)
URL: http://www.bailii.org/scot/cases/ScotCS/1748/Mor1807706-407.html
Recompence due for a regality of temple lands, erected since the Reformation, of which there had been possession sufficient to save it from the negative prescription.
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On the claim of Mr John Hamilton advocate, for the regality of Drem, consisting of part of the Temple Lands, belonging formerly to the Knights of St John, afterwards granted to the Lord Torphichen, and from him conveyed to the Lord Binning, in whose favour they were erected into a regality 1614, confirmed in Parliament 1617; it was objected, This erection stood in need of the positive presctiption to support it, for the ratification fell under the King's revocation 1633.
The question depended on, Whether the lands were to be considered as church lands or not; for, if they were temporal, the ratification was not affected by the revocation; and it was sufficient, if the possession had been such as to save the jurisdiction from the negative prescription.
The Lords found the claimant entitled to a recompence.
Fol. Dic. v. 3. p. 363. D. Falconer, v. 1. No 246. p. 331.
