Legal Subject: Feu duties

Case	Date	Legal Subject	Abstract
Alexander Cunnynghame v. William Muir of Caldwall	1760	Possession, Disposition, Retour, Charter, Liferent, Feu duties	Alexander Cunnynghame pursued a claim to the Five Pound Land of Craigbeat and Kersemeadow against William Muir of Caldwall, who objected on the basis of tax-roll and vassal land distinctions and argued that Cunnynghame’s title was nominal and fictitious and that he lacked possession. Muir replied to Cunnynghame’s answers, insisting that the pursuer held neither valid title nor actual possession of the lands. Cunnynghame defended his liferent-right to the properties, rebutting the objections by citing historical retours and demonstrating vassal possession.
Anstruther-Paterson v. Rutherfurd	1791	Election contest, Election, Oath, Aliment, Collusion, Feu duties	Documents available Full description in progress.
Bayne v. Wallace	1796	Teinds, Disposition, Feu, Feu duties, Tack, Sequestration	Alexander Bayne of Rires presented a reclaiming petition asking the Court to alter an interlocutor previously pronounced by Lord Craig. John Wallace of Sprettyhall and Rires Mill answered the petition as defender.
Brisbane v. Sempill	1794	Feu, Succession, Feu duties, Infeftment, Assignment, Disposition	Brisbane, as pursuer, argued that Lord Sempill, as defender and singular successor, was bound to pay a year's rent for entry rather than the two shillings Scots claimed by the defender. Based on the single document cataloged for this case.
Bruce v. Davidson	1791	Valuation, Feu duties, Sasine, Process, Security, Property	Colonel Andrew Bruce, pursuer, led proof by James Ferrier, writer to the signet, against defender Harry Davidson to the effect that the proof should proceed as agreed by both parties and commissioners. Based on the single document cataloged for this case.
Budge v. Lord Henderson's Interlocutor	1794	Teinds, Prescription, Disposition, Infeftment, Succession, Feu duties	Budge, as petitioner, submitted a memorial arguing that she and her predecessors had acquired an heritable right to the teinds of Toftingall by positive prescription, despite the lack of infeftment or charter. Based on the single document cataloged for this case.
College of Glasgow v. Selkirk, Miller, and Stirling	1793	Feu duties, Debt, Tack, Teinds, Factor, Intromission	The College of Glasgow petitioned against Selkirk, Miller, and Stirling, challenging a June 1792 interlocutor that limited overpayment offsets to cautionary branches and arguing for proportional application across all revenue branches. Based on the single document cataloged for this case.
Cowan v. M'Intosh and Others	1795	Adjudication, Interest, Disposition, Feu duties, Rent, Feu	Robert Cowan petitioned the Court to overturn an interlocutor that had dismissed his process against Mary and Katharine Gordon, the exposers of lands in Blythwoodholme. M'Intosh and others, as respondents, opposed the suspension by arguing that Cowan had breached the articles of roup by failing to grant bond for the purchase price and drawing rents without security.
Creditors of Fergusson v. Swinton	1795	Creditor, Debt, Succession, Aliment, Feu duties, Property	Hugh Ferguson, David Steuart, and other creditors of Walter Ferguson pursued an action against Mrs Catharine Swinton, his spouse, to set aside her marital settlements as fraudulent preferences prejudicial to their claims against the insolvent estate. They challenged the postnuptial contract granting her an annuity and provisions as voidable for preference. Mrs Swinton, represented by Alexander Keith as her curator ad litem, defended the deed as fair, onerous, and legally valid, resisting reduction.
Dickie v. Lord Henderland's Interlocutor	1789	Reduction, Succession, Improbation, Feu duties, Disposition, Liferent	Patrick Dickie, eldest lawful son of William Dickie and pursuer, petitioned the Court to alter its recent interlocutor against Lord Henderland. Based on the single document cataloged for this case.
Dundas v. Baikie and others	1792	Feu duties, Teinds, Stipend, Tack, Heritor, Feu	Sir Thomas Dundas petitioned the Court to alter an interlocutor that had ordered the allocation of teind-duties before those to which heritors held heritable rights. Robert Baikie of Tankerness and other heritors of the United Parishes of St Andrews and Deerness answered the petition.
Earl of Galloway v. Earl of Morton	1757	Feu duties	As proprietors of land in Orkney, the pursuers owed defender James, Earl of Morton, annual feu duties that were generally paid in products such as grain, oil, and butter. These duties were measured in the weight units customarily used in Orkney and Shetland, including the Mark, the Lispund, the Meil, and the Last. The pursuers alleged that these units had increased from their original standards and should be adjusted to match their values in Norway, where they originated. Case documents include diagrams of weighing instruments, numerous depositions, and references to many individuals (including some not listed below).
Earl of Strathmore v. Captain George Oliphant-Kinloch	1766	Feu duties	This case involved a Scottish land tenure known as the feu, in which a superior granted perpetual enjoyment of land to a vassal in return for an annual payment known as the feu duty. Patrick Lyon, Earl of Strathmore, feued the estates of Little Blair and Lochend to his factor James Coupar of Coupar Grange in return for a feu duty of £20 Scots. Feu duties on the property were also due to Viscount Stormont, who was Lord of Erection. After being transferred in two judicial sales, Lochblair came to be held by pursuer Captain George Oliphant Kinloch. Kinloch initiated a court proceeding to determine who was liable for the feu duties due to Viscount Stormont, claiming that the duties should be paid the Earl of Strathmore.
Ilay Ferrier v. William Morehead	1789	Disposition, Infeftment, Freeholder, Liferent, Feu duties, Valuation	Ilay Ferrier, Esquire, Colonel of the late Scotch Brigade, petitioned the Court to overturn the freeholders' rejection of his claim to be enrolled as a freeholder of Stirlingshire, which William Morehead of Herbertshire opposed by alleging that Ferrier's liferent infeftment was nominal, fictitious, and subservient to Sir Archibald Edmonstone's political design. The parties exchanged replies, answers, and condescendences regarding the validity of the land descriptions, valuations, and the genuineness of the qualification, with Ferrier responding to claims of illusory price and interference in vassal arrangements. Ferrier subsequently petitioned the Court to alter its interlocutor, and Morehead answered maintaining that the superiorities were illusory and the enrollment improper.
John Ballenden v. The Duke of Argyle	1791	Feu duties, Interlocutor, Infeftment, Charter, Reduction, Irritancy	John Ballenden petitioned the Court to alter a recent interlocutor and subsequently petitioned against an Inner-house interlocutor, seeking reversal of the orders. The Duke of Argyll answered, resisting Ballenden's arguments that the interlocutor should be altered.
John Murray v. James Scott	1794	Feu duties, Teinds, Interlocutor, Feu, Sasine, Assignation	John Murray petitioned the Court of Session to alter its recent interlocutor in his action against James Scott. Based on the single document cataloged for this case.
Neilson, et al v. Sinclairs	1786	Feu duties, Teinds, Wadset, Reversion, Disposition, Intromission	George Neilson, Benjamin Sinclair, and other creditors of Robert Manson-Sinclair of Bridge-end pursued Mrs Henrietta Sinclair, Janet Sinclair, and their husbands regarding debts owed by the debtor, petitioning the Court to alter Lord Ankerville's interlocutor of 9 August 1786. The defenders answered the petition, responding to the creditors' claims against Robert Manson-Sinclair.
Representatives of Bryce Blair v. Walter Graham, and Others	1766	Factor, Stipend, Feu duties	Bryce Blair served as factor of the sequestered estates of Crieve and Mossknowe from 1742 until his death in 1762. During that time, he failed to make regular court filings detailing the estate’s accounts. After Blair’s death, the estates were sold in a judicial sale, which raised enough proceeds to provide the heirs of Crieve with a reversion after the relevant debts were paid. This led to a dispute over the amount of the reversion. In particular, the heirs of Crieve disputed certain charges for a minister’s stipend, on the ground that the payments ought to have been made by tenants on the estate. The heirs also contested charges for feu duties to the Marquis of Annandale, contending that there was no proof of payment.
Rev. Peter Brydie v. James Johnstone and Others	1832	Teinds, Stipend, Valuation, Feu duties, Process, Heritor	The Reverend Peter Brydie pursued James Johnstone, Alexander Drysdale, Adam Drysdale, Thomas Drysdale, David Drysdale, and John Reid regarding the surrender of teinds for the stipend of the United Parishes of Fossaway and Tullibole. The defenders, represented by Robert Wilson, presented a reclaiming note against an interlocutor pronounced by Lord Fullerton.
Sir Alexander Campbell, Baronet v. David Ballingall	1791	Feu duties, Possession, Freeholder, Liferent, Election contest, Entail	Sir Alexander Campbell, Baronet and others pursued David Ballingall, alleging that altered circumstances had affected his possession or right since enrollment and that his qualification was nominal or fictitious. Ballingall answered the condescendence and petition, denying any alteration of circumstances and maintaining that his qualification was genuine and valid. The dispute turned on whether Ballingall's enrollment remained effective given the alleged changes and the nature of his qualification.