If you found BAILII useful today, could you please make a contribution?

Your donation will help us maintain and extend our databases of legal information. No contribution is too small. If every visitor this month donates, it will have a significant impact on BAILII's ability to continue providing free access to the law.

Thank you very much for your support!


BAILII [Home] [Databases] [World Law] [Multidatabase Search] [Help] [Feedback]

Scottish Court of Session Decisions


You are here: BAILII >> Databases >> Scottish Court of Session Decisions >> J. Livingston of Baldoran v Maxwell of Dunwiddie. [1610] Mor 5118 (14 February 1610)
URL: http://www.bailii.org/scot/cases/ScotCS/1610/Mor1205118-004.html
Cite as: [1610] Mor 5118

[New search] [View without highlighting] [Printable PDF version] [Help]


[1610] Mor 5118      

Subject_1 GIFT OF WARD.
Subject_2 SECT. II.

Gift of Ward and Non-entry.

J Livingston of Baldoran
v.
Maxwell of Dunwiddie

Date: 14 February 1610
Case No. No 4.

Click here to view a pdf copy of this documet : PDF Copy

A non-entry subjoined to a gift of ward, marriage and relief, will last but three terms after the expiry of the ward, And albeit the gift of the ward and marriage have been unprofitable, yet a non-entry taken after that manner will not subsist as if it were taken originally.

Fol. Dic. v. 1. p. 350. Haddington, MS. No 1798. *** Kerse reports the same case:

In an action of declarator of non-entry pursued by John Livingston for the lands of Dunwiddie, contra Archibald Maxwell of Cowhill, it was found, that a gift of ward and non-entry granted to John Livingston of Abercorn, to the decease of Sir Robert Maxwell of Dunwiddie, could be no further extended but to the non-entry of the terms after the majority of John Maxwell, apparent heir of the said lands.

This same was decided of before betwixt the Duke of Albany, now Duke of York, and the Earl of Morton, concerning the non-entry of the ward of the living of Buchan.

Kerse, MS. fol. 116.

The electronic version of the text was provided by the Scottish Council of Law Reporting     


BAILII: Copyright Policy | Disclaimers | Privacy Policy | Feedback | Donate to BAILII
URL: http://www.bailii.org/scot/cases/ScotCS/1610/Mor1205118-004.html