Subject_1 SUPERIOR AND VASSAL. Subject_2 SECT. VII.
Penalty on Superior for refusing to enter Vassals. - Superior possessing on Decree of Non-Entry.
Hay v. L Achnames.
Date: 24 March 1632 Case No. No. 26.
Penalty for refusing ta enter vassals.
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James Hay seeking declarator of Achnames's life-rent of escheat of the lands of—— holden of the said James; and Achnames alleging, that no life-rent can fall to James Hay, because he was infeft in these lands, holden of the Prince upon James Hay's contumacy, for refusing to infeft him, so that the benefit of the life-rent thereby cannot belong to him; this allegeance was repelled, for the infeftment granted by the Prince, for the immediate superior's disobedience, or refusal to receive his vassal, was found a good and lawful reason to exclude all non-entry, which the superior might seek for the vassal's non-entry, seeing the superior was charged, and refused; and the entry by the Prince was found to purge the same, and to supply that defect; but it was found nowise to exclude the immediate superior from any other casualties of his superiority, which otherwise might belong to him as ward, life-rent, recognition, and others; and also the duties, if any were payable by the tenor of the infeftment, are due to the superior, notwithstanding of the vassal's entry by the prince; for these casualities accresce to the superior for the fault of the vassal's self, wherein the superior cannot be hurt sine sua culpa, but in the non-entry he is prejudged for his own fault, for therein habet seipsum auctorem culpæ, et non vassallum, et in aliis vassallus est auctor culpæ, et delictorum, et non dominus.
Act. Gilmore.Alt.Clerk, Hay.
Fol. Dic. v. 2. p. 408. Durie, p. 633.
