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Scottish Court of Session Decisions >>
Young v Bailies of Montrose. [1629] Mor 15022 (15 December 1629)
URL: http://www.bailii.org/scot/cases/ScotCS/1629/Mor3415022-025.html Cite as:
[1629] Mor 15022
Subject_1 SUPERIOR AND VASSAL. Subject_2 SECT. VII.
Penalty on Superior for refusing to enter Vassals. - Superior possessing on Decree of Non-Entry.
Young v. Bailies of Montrose
Date: 15 December 1629 Case No. No. 25.
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David Young being obliged to pay a sum, and in case of failing, to infeft his lands in an annual-rent therefore, out of his tenement in Montrose, and being charged and denounced for not fulfilling of the bond; thereafter the creditor pursues the said debtor, and the Bailies of Montrose, viz. the debtor to give him infeftment, and if he do not, the Bailies to infeft him; and the party being absent in the process, it was found, that the order could not be sustained against the Bailies, and that the act of Parliament of tinsel of superiority of those who enters not thereto, being charged to that effect by vassals, as the act prescribes, militates not to produce this action.
