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Scottish Court of Session Decisions >>
Douglas v Tuschilaw. [1612] Mor 7857 (19 June 1612)
URL: http://www.bailii.org/scot/cases/ScotCS/1612/Mor1907857-011.html Cite as:
[1612] Mor 7857
Grants from the Crown. - Annexed Property. - Power of granting Jurisdictions. - Power of Revocation.
Douglas v. Tuschilaw
Date: 19 June 1612 Case No. No 11.
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All lands lying within a Stewartry are the King's property, and no lawful infeftment can be granted but in feu for augmentation of the King's rental; and albeit lands, which pertained heritably to any man before the Lordship or Stewarty, came in the King's hands, and were annexed, will remain with the erection holden of the King, as he held the same before; yet, if these lands come in the King's hands, by forfeiture, the cognition or resignation ad perpetuam remanentiam, they will become annexed property, and may not thereafter be disponed but in feu for augmentation of the King's rental; and the possessions of all such lands will be subject to the Stewart's jurisdiction, and the acceptation of an original infeftment of lands confessing the same to lie within the Stewartry, will make it null if it be granted otherwise than in feu.
