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You are here: BAILII >> Databases >> Scottish Court of Session Decisions >> The Earl of Marischal v His Vassals. [1676] 2 Brn 205 (13 July 1676) URL: http://www.bailii.org/scot/cases/ScotCS/1676/Brn020205-0464.html Cite as: [1676] 2 Brn 205 |
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[1676] 2 Brn 205
Subject_1 DECISIONS of the LORDS OF COUNCIL AND SESSION, reported by SIR JAMES DALRYMPLE OF STAIR.
Date: The Earl of Marischal
v.
His Vassals
13 July 1676 Click here to view a pdf copy of this documet : PDF Copy
The Earl of Marischal pursues reduction and improbation against his vassals.
It was alleged for one of them, That he produced charter and seasine from the pursuer's predecessor to the defender's predecessor; which, therefore, excludeth him from reduction or improbation of the defender's rights, unless he first improve this right produced.
The pursuer answered, Non relevat, unless the defender produce a progress of infeftments from his predecessor to himself; seeing the pursuer has good interest to reduce or improve any right by progress, whereby he may have the casuality of the superiority, if they were removed.
The Lords found, That the charter and seasine of the vassal's immediate predecessor were sufficient, albeit the heir-apparent was not infeft, if it were notour that he was immediate heir, unless the infeftment produced were improven;
but granted certification against any right of the vassal to the superiority. But it was not condescended, whether this apparent heir was immediate, or if there intervened any person that was, or might be heir; for certification might have been craved against their infeftments.
Vol. II, Page 448.
The electronic version of the text was provided by the Scottish Council of Law Reporting
