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Scottish Court of Session Decisions
You are here: BAILII >> Databases >> Scottish Court of Session Decisions >> Smith and Hilston v Walter Hay, Superior of the Lands and Living of Borthwick. [1628] 1 Brn 159 (22 July 1628)
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Subject_1 DECISIONS of the LORDS OF COUNCIL AND SESSION reported by SIR ROBERT SPOTISWOODE OF PENTLAND.
Subject_2 Such of the following Decision as are of a Date prior to about the year 1620, must have been taken by Spotiswoode from some of the more early Reporters. The Cases which immediately follow have no Date affixed to them by Spotiswoode.
Date: Smith and Hilston
v.
Walter Hay, Superior of the Lands and Living of Borthwick
22 July 1628 Click here to view a pdf copy of this documet : PDF Copy
Two persons or more having comprised lands, if they shall charge the superior to enter them, he is obliged to do it at their own hazard, and he cannot refuse, by reason that he hath entered another before, and so has received a vassal already.
Page 44.
The electronic version of the text was provided by the Scottish Council of Law Reporting