THE GOVERNORS OF HERIOT'S HOSPITAL v Sir PATRICK WALKER'S REPRESENTATIVES (Court of Session)

This case involved questions similar to those in the case of Heriot's Hospital against Pedie, to which reference is made, (vide vol. xiv. p. 949.) The following question also occurred in this case:

In July 1734, the Hospital feued to James Finlay of Walliford the manor-place and mansion-house of Coats, providing that the feu-duty and other obligations therein expressed should be ‘for all other burdens, questions, demands, or secular services, which can be any ways exacted from them for their possession of the houses and others above mentioned, and we oblige us to warrant this our charter at all hands and against all deadly, as law will.’

In June 1759, the Hospital granted a feu-charter to Alexander Cuninghame, in which he was bound to relieve the Hospital ‘from all multures which can be claimed furth of the said lands, teinds and others, and that for all other burden, exaction, question, demand or secular service which can in any ways be exacted or required for the said lands,’ &c.

The investiture of 1813 includes all the feus, both those with a clause of relief and those without it; but all these prior investitures were extinguished by the resignation ad remanentiam in 1813, which contains no clause of relief, and out of which it is incompetent to go. Besides, there is no evidence of the transaction except what appears from the deeds, which are silent upon the subject of freehold, and the transaction, as alleged, is not admitted.

Lord Gillies .—I am satisfied that the resignation ad remanentiam extinguished every thing; and that being the case, I cannot find that Sir Patrick Walker can go back to the old titles.