What Sort of Singular Successors entitled to be received by the Superior? - Whether the Seller or Purchaser bound to enter?
Ferguson v. Couper and Others
Date: 11 March 1628 Case No. No. 34.
A superior is obliged to receive and enter all comprises who charge him, without prejudice of the first compriser's right who had entered before.
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In a suspension betwixt Ferguson of Kilkerran, and Andrew Couper, writer, and certain other creditors to John Crawfurd of Skeldon, who had comprised the said John's lands held of Kilkerran, and had all charged him, as superior, to enter them, whose charges being all suspended by him, upon a reason, viz. because he had, before their charges, entered his own son to the same lands, who had comprised the same, and had charged him to receive him, and for obedience whereof he had received him; this reason was not found relevant; but the Lords found, That the superior should receive and enter all the comprisers, without prejudice always of the first compriser's right, who was entered by him before, prout de jure, to the which his entry of the others should not prejudge, neither should the same be prejudicial to the superior's entry of more vassals, being done for obedience of charges; and declared, that this entry should not hinder the parties, in their own time and place, to dispute upon the priority and preference of their rights to the lands, which was not proper now to be handled in this place; but the Lords were of the mind, that where parties were equal in diligence, that the superior might prefer his son to the rest, in all which he might lawfully advance him unto concerning his entry.
Act. Nicolson.Alt. Miller.Clerk, Hay.
Fol. Dic. v. 2. p. 408. Durie, p. 358.*** Auchinleck reports this case:
A comprising is led by divers persons upon any of certain lands, whereof one of the parties was son to the superior of the lands comprised, before the rest of the comprisers could get the superior charged, he infeft his son, by virtue of his comprising; and being charged to infeft the rest of the parties, the superior suspended, that he cannot infeft them, because he had infeft his son before he was charged. The Lords ordained him notwithstanding, reserving his son's right prout de jure.
