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PAPERS RELATING TO CHISHOLM ESTATES 305
and grasings of Annamulach. John Chisolm of Knockfin
present acknowledges possession of these lands and contends
that he cannot be obliged to make payment of the
rent of any part of these lands in regard he possesses the
same be virtue of a contract of wodsett past betwixt the
deceast Alexander Chisolm of Comer, grandfather to the
person attainted and Coline Chisolm of Knockfin, his father,
wherby the saids lands were impignorat and wodsett to
him for the sum of twelve thousand merks Scots money
and till redemption of the lands he has good right to uplift
the rents and apply them to his own use for provein g
whereof he produces his said father's saisines in the saids
lands under the hand of Alexander Fraser, nottar publict,
and registrat at Chanory the 15th day of August one
thousand six hundred three score ninteen years and
denyes that the rents of the lands exceeds the annual rent
of his money the proportion of stypend to the minister and
cess being deduct his proportion of stipend being fourty
three merks yearly for which he obtained the minister's
discharge, to which the pursuer replyes that Knockfin
should be obliged to produce the warrands of the saisines
and he and his tennents oblidged to depone upon the extent
of the rentall. To which its duplyed by John Chisolm of
Knockfin that neither he nor tennents are by law obliged
to make faith upon the extent of the rent of the samen
lands since his father and he have possessed the samen
thir fourty years and upward by virtue of the said reall
contract of wodsett and infeftment above produced, and
that he possesses no lands belonging to the person attainted.
Answer'd for the factor that granting Knockfin
had a right of wodsett upon the estate, it is ane incumbrance
which should have been entered and claim made
therupon before the commissioners before the first of
February 1717 else by the law it was null and void and
likewise the commissioners and their Stewarts and factors
are impowred and particularly required to take tryall of
all the incumbrances affecting the forfeited or forfeitable
estate and the quantities and qualities therof and under
what yearly rent covenant or contracts the same were