BAILII is celebrating 24 years of free online access to the law! Would you consider making a contribution?

No donation is too small. If every visitor before 31 December gives just £1, it will have a significant impact on BAILII's ability to continue providing free access to the law.
Thank you very much for your support!



BAILII [Home] [Databases] [World Law] [Multidatabase Search] [Help] [Feedback]

Scottish Court of Session Decisions
You are here: BAILII >> Databases >> Scottish Court of Session Decisions >> Earl of Marshall v Gordon of Fechill. [1688] Mor 15076 (00 February 1688)
URL: http://www.bailii.org/scot/cases/ScotCS/1688/Mor3415076-087.html
Cite as: [1688] Mor 15076

[New search] [Printable PDF version] [Help]

[1688] Mor 15076      
Subject_1 SUPERIOR AND VASSAL.
Subject_2 SECT. XVI.

Disclamation.

Earl of Marshall
 v.
Gordon of Fechill

1688. February.
Case No. No. 87.

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

In a declarator of non-entry, at the instance of the Earl of Marshall against Gordon of Fechill,

It was alleged for the defender: That he was only mediate vassal to the pursuer, and immediate vassal to my Lord Forbes, who was not called.

Answered: If the defender controvert the pursuer's right of superiority, he must disclaim.

The Lords found the defender obliged either to acknowlege the pursuer for his immediate superior, or to disclaim upon his hazard.

 Fol. Dic. v. 2. p. 411. Harcarse, No. 737. p. 209.

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

BAILII: Copyright Policy | Disclaimers | Privacy Policy | Feedback | Donate to BAILII
URL: http://www.bailii.org/scot/cases/ScotCS/1688/Mor3415076-087.html