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Scottish Court of Session Decisions


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URL: http://www.bailii.org/scot/cases/ScotCS/1636/Mor3415066-077.html

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[1636] Mor 15066      

Subject_1 SUPERIOR AND VASSAL.
Subject_2 SECT. XIV.

A Superior bound to enter the Vassal, reserving his own Right.

Magistrates of Edinburgh
v.
Johnston

Date: 3 July 1636
Case No. No. 77.

Click here to view a pdf copy of this documet : PDF Copy

The Provost and Bailies of Edinburgh being charged to enter James Johnston to certain tenements in Leith, as heir to his father, they suspend, and offer a precept, containing a reservation of all the privileges which the Town of Edinburgh craves over the inhabitants of Leith; which the charger refused to accept but conform to the old style. The Lords ordained them to enter the vassal conform to the old infeftment; but in the decreet upon the said suspension, it is declared, that the entry of the said vassal shall be but prejudice of the superior's right prout de jure.

Fol. Dic. v. 2. p. 410. Auchinleck MS. p. 222.

The electronic version of the text was provided by the Scottish Council of Law Reporting     


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