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Scottish Court of Session Decisions >>
Fullarton v Denholms. [1678] Mor 15022 (18 July 1678)
URL: http://www.bailii.org/scot/cases/ScotCS/1678/Mor3415022-023.html Cite as:
[1678] Mor 15022
Subject_1 SUPERIOR AND VASSAL. Subject_2 SECT. VI.
Whether a Superior is bound to grant a Precept of Clare, or infeft Vassals by Hasp and Staple?
Fullarton v. Denholms
Date: 18 July 1678 Case No. No. 23.
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Entering an heir by a precept of clare constat is meræ voluntatis of the superior, and what he is not bound to by law; and upon his refusal the heir must obtain himself retoured, and thereupon get precepts out of the Chancery requiring the superior to infeft him.
