[1637] Mor 15055
Subject_1 SUPERIOR AND VASSAL.
Subject_2 SECT. XII. What Sum payable in Name of Entry-Money?
Date: Paterson
v.
Murray
30 March 1637
Case No.No. 63.
If the debt in the comprising be small, the Lords will modify the year's rent proportionally.
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Thomas Paterson having charged Walter Murray, superior of the lands of Crobelaw, to receive him therein, upon his, comprising thereof, deduced against John Hoppringle, as lawfully charged to enter heir to Sir James Pringle of Gallashiells, his father, for the sum of 2300 merks, addebted by the said umquhile Sir James to him; which charge being suspended by Walter Murray, upon these reasons, that Sir James, from whose son, as charged to enter heir,
&c. he had comprised, was never infeft himself in these lands; and also, that he ought to have a year's duty of the lands; and it being answered by the compriser, that his debtor had obtained decreet against the Said Walter Murray, decerning him to infeft the said Sir James, so that he now coming in Sir James's place, by his comprising from his son, as charged to enter heir, he ought to be entered; and as to the year's duty acclaimed of the lands, he ought to pay no more than the annual-rents of the money for which he was comprised, for the duty of the land was exorbitant; the Lords found, That the defender should infeft the comprise, as becoming in Gallashiels' place, sicklike as if he might have been compelled to infeft himself upon the foresaid decreet, or Gallashiels' heir, if any had entered to him; and found, That it was not enough to give the superior the annual-rent of the money for which he had comprised, for an year, seeing he had comprised the land, and not an annual-rent out of the lands; but the Lords modified the duty to be paid to the superior to 300 merks, albeit the lands were worth yearly 800 merks at least.
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