Scottish Court of Session Decisions

Subject_1 DECISIONS of the LORDS OF COUNCIL AND SESSION reported by SIR ROBERT SPOTISWOODE OF PENTLAND.
Subject_2 Such of the following Decision as are of a Date prior to about the year 1620, must have been taken by Spotiswoode from some of the more early Reporters. The Cases which immediately follow have no Date affixed to them by Spotiswoode.

The Earl of Roxburgh
v.
Ker of Cavers

Date: 12 February 1627

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There was a question agitated among the Lords, ament the acknowledgment due to the superior of adjudged lands; for Ker of Cavers, having some lands adjudged to him by decreet of the Lords, charged the Earl of Roxburgh, superior of them, to infeft him thereintill. He suspended, alleging, that he was not obliged to infeft him while he got one year's duty of the lands, as in comprisings. Many were of opinion, that the Act of Parliament, ordaining one year's duty to be due to the superior in comprisings, should not be extended to adjudications, which would prove very prejudicial to creditors; and that they, coming in the place of the heir who refused to enter, could be restricted to pay no more than he would have done for entering of himself: others thought, that there was identitas rationis in both, and that there was no law to urge a superior to receive a stranger without a year's duty. But the question was not decided, because the charger offered to come in my Lord's own will.

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