1st Duke of Gordon

69
1687— February 26.— The Duke of Gordon pur*
sues Sir Evan Cameron of Loohiel for his lands
of Mamore in Loohaber, on his gift of Argyle's
forfeiture. Thir lands held feu of Huntley for
20 merks yearly, but were not confirmed : Argyle
apprised them from Huntley. He being forfeited,
Huntley is made donatur by the King in thir
lands, and claims the property. Loohiel alledged,
that his title could not reach that; seeing, all
that the Marquis of Argyle apprised from Huntley
was only the superiority. The Lords sustained
his title.
1687— December 15.— The Duke of Gordon pur-
sues Sir Evan Cameron of Loohiel for his lands
of Mamore, as mentioned ult. February 1687.
Alledged, You cannot quarrel the defender's right
of property in thir lands, because you, by your
factors and chamberlains, since your retour of
the quinquennial possession (which is your title
to thir lands), accepted the feu-duties from him,
and gave him discharges : and you have alkwed
it in their acooraipts : Which was found relevant,
Stair, 6th June 1671, Steill; and 20th February
1679, Earl of Aboyn. And this also holds in tak-
ing rent after a warning. Answered, Non-relevat,
unless the Duke had taken it himself, after in-
tenting of this reduction : And cited the decision
in 1683, Burnet, Archbishop of St Andrews, against
Beton of Blebo, about changing his 1 ward-holding
to taxt, where the Lords allowed the Bishop to
quarrel it, tho' he had taken the taxt-duty. Ee-
plied, There was a disparity, for 1 Archbishop
Sharp, who taxed it, was only an administrator,
and so could not prejudge the benefice. 2do., He
was a singular successor, and so could not know
what his predecessor had done. The Lords, on
Carse's report, in regard to the seeming contra-
riety of the practiques, ordained them to be heard
in presence. The President thought, that if
Lochiel had insisted in his reduction of the Duke's
quinquennial retour as to superiorities, he would
prevail; for the Inquest could never Tetour him
to be in the natural possession of lands, when
he got only the fen-duty, which is but possessio
civilisi. See' of th.isl retour, IStair, 23d et ult.
July 1666, Earl of Southesk . But to shew
the Duke what he was to expect, the Lords de-
cided this point that same day in a parallel case,
to make it a preparative (Fountainhall "Deci-
sions," i.. 490).
1687 — December 8. — The Dulke of Gordon's re-
duction against the E&rl of Aberdeen was advised,
wherein the Duke quarrelled a resignation which
he had given the Earl, wlhen the Chancellor, of
some lands he held of him, to be holden of the
King ; that so thev might not be within the Duke's
new regality; and that the Chancellor might con-
sent to the passing of it. The Duke alledged, it
was not read to him, and it was of a different
tenor than what was communed on, viz., that hi