James Farquhar of Gilmillscroft v The Right Hon Hugh Earl of Loudoun: HL 5 Jun 1720

Kirk Patrimony – In 1631, certain vassals in church lands advanced money to the Crown, to assist in redeeming a wadset granted to the Earl of Loudoun, the lord of erection, upon condition that they should hold of the Crown as superior, and have certain other privileges: in 1633, the superiorities of all church lands were gratuitously annexed to the Crown; and about same time vassals who should advance money for redeeming their feu duties were allowed by his majesty to treat with the treasury for that purpose, and to retain their feu duties in proportion to the sums advanced. In a question between the wadsetter and the vassals, who advanced money in 1631, it is found that they were not allowed to retain their feu duties, though they had paid money for privileges, the greatest part of which had been granted to other vassals gratuitously.

Citations:

[1720] UKHL Robertson – 303, (1720) Robertson 303

Links:

Bailii

Jurisdiction:

Scotland

Land

Updated: 11 September 2022; Ref: scu.553649