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Scottish Court of Session Decisions >>
James Cleland, Merchant in Edinburgh, v Mr. John Dempster of Pitlever. [1685] Mor 15032 (24 February 1685)
URL: http://www.bailii.org/scot/cases/ScotCS/1685/Mor3415032-040.html Cite as:
[1685] Mor 15032
What Sort of Singular Successors entitled to be received by the Superior? - Whether the Seller or Purchaser bound to enter?
James Cleland, Merchant in Edinburgh, v. Mr John Dempster of Pitlever.
Date: 24 February 1685 Case No. No. 40.
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The Lords prefer Cleland, in respect the first citation is at his instance before the Lords, albeit Pitlever's decreet before the Sheriff of Fife be prior to Cleland's decreet before the Lords; seeing Cleland was noways in mora, but only retarded by the course of the roll; and repel that allegeance, that, before Cleland's citation, Pitlever had presented a signature to the Exchequer, in respect the signature was on a voluntary right, and not in a course of diligence, by apprising or adjudication; and that, in voluntary rights, it is arbitrary to his Majesty, as it is to other superiors, to receive or not receive a vassal; yea, he may compone and take money, and might retard the other's signature. Pitlever gave in a bill against this; but it was refused.
Fol. Dic. v. 2. p. 408. Fountainhall, v. 1. p. 344.
