Scottish Court of Session Decisions

Subject_1 DECISIONS of the LORDS OF COUNCIL AND SESSION, reported by ROBERT MACGILL, LORD FOORD.

The Laird of Waristoune
v.
Robert Kincade

1650. January 22and 23.

Click here to view a pdf copy of this documet : PDF Copy

The Laird of Waristoune,—having disposition from umquhile John Kincade, and his son Robert, of their lands of Over-Gogar, to be holden of them, and also of the superior,—craves, as heir to his father, who stood infeft, holding of the said umquhile John, by virtue of a charge against the said Robert, for entering to the superiority;—the said Laird of Waristoune, I say, craves a declarator against the said Robert, to hear him decerned to amit the superiority; and likewise the Laird of Haltoune and —— Achesone, relict of umquhile Sir Lewis Lawder, as next superiors, to receive him tenant to them as freely as umquhile John Kincade. But the Lords would not sustain that conclusion, suppose the disposition did bear to infeft by double infeftments; because the superior to the said umquhile John could not be tied to receive a singular successor, but the heir only of his tenant and vassal, as use is, by precepts out of the chancellary, and his vassal only, through his losing of his superiority, and that for his lifetime.

Page 176.