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Scottish Court of Session Decisions >>
Lord Erskine v Earl Home. [1630] Mor 15063 (17 July 1630)
URL: http://www.bailii.org/scot/cases/ScotCS/1630/Mor3415063-071.html Cite as:
[1630] Mor 15063
Subject_1 SUPERIOR AND VASSAL. Subject_2 SECT. XIII
Singular Successors entitled to be entered without paying up the Bygone Duties.
Lord Erskine v. Earl Home
Date: 17 July 1630 Case No. No. 71.
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A superior cannot refuse to give infeftment upon a comprising deduced against his feu-vassal, upon pretence of by-gone feu-duties resting owing, because the singular successor is not liable to pay the feu-duties that have become due before the date of his right, and the superior is at no loss, seeing he may poind the ground for the same.
