Where an immediate superior refused to enter a vassal, the Lords found, that his superior could not be charged to enter the vassal, by virtue of their Lordships deliverance on a petition, but by precepts from the Chancery.
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There was a gentlewoman called Orme, spouse to one Adamson in Perth, and daughter to the Laird of M.; who being retoured and served heir to her brother, the young Laird of M. in certain lands that he held of his father, as immediate superior to him of the same, charged her father to give her state and sasine according to her service, as nearest heir to her brother, who refused the same. She meaned herself to the Lords of Session upon her father's refusal; obtained letters and charges to charge the Abbot of L. as immediate superior of the said lands to her father, and of whom he held the said lands in capite, to give her state and sasine of the same. The Abbot meaned him to the Lords of Session, and obtained suspension, alleging that her brother held no lands of him as immediate superior of the same; and also that the order was not good, in directing charges against him by the Lords of Session; but that the common order ought to have been observed, which is, that when any superior refuses to enter another, the complainer has recourse to the nearest immediate superior, and that by the order of the Chancery, and precepts direct furth of the same. The whilk allegeance the Lords found relevant, and ordained the said woman to have direct recourse to the Chancery, and raise precepts there conform to the common order.
