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Scottish Court of Session Decisions >>
Lord Erskine v Earl of Hume. [1630] Mor 15054 (17 July 1630)
URL: http://www.bailii.org/scot/cases/ScotCS/1630/Mor3415054-059.html Cite as:
[1630] Mor 15054
Subject_1 SUPERIOR AND VASSAL. Subject_2 SECT. XII.
What Sum payable in Name of Entry-Money?
Lord Erskine v. Earl of Hume
Date: 17 July 1630 Case No. No. 59.
An appriser was bound to pay for his entry only according to the free profits, after deducting infeftments of annual-rent, confirmed by the superior.
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The Earl of Hume being charged to receive the Lord Erskine as superior to Sir George Hume of Manderston's lands, comprised by the Lord Erskine, who, as use is, suspending, that he ought to have a year's duty, and also payment of all the by-gone feu-duties, before he were holden to receive him, the Lords found, That seeing the superior had confirmed sundry infeftments of annual-rent out of these lands comprised, which absorbed a great part of the yearly profits of the lands, the compriser was not subject to pay to the superior any further of his entry, but only according to the free profits which rested by and attour these annual-rents, which were confirmed by himself, albeit that the right of these annual-rents was also acquired by this same compriser, and albeit the annual-rent was disponed to be taken out of other lands, as well as the lands comprised; and found, that the not paying of the feu-duties for the by-gone years, addebted to the superior, was no cause to stay the compriser to be entered, seeing the compriser could not be personally obliged to pay these feu-duties, for any years owing by the vassal, before his comprising, and the superior nevertheless would not be prejudged therein, seeing, by his right, he might safely poind the ground, against whatsomever possessor, for the same.
Act. Nicolson.Alt. Belshes.Clerk, Gibson.
Fol. Dic. v. 2. p. 409. Durie, p. 531.
