Subject_1 SUPERIOR AND VASSAL. Subject_2 SECT. IX.
Superiority belonging to Heirs-Portioners.
The Lady Luss v. Inglis
Date: 30 July 1678 Case No. No. 33.
The vassal is not obliged to take infeftments from heirs-portioners severally, but from them all jointly, or from the eldest.
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The deceased Laird of Lochend having died infeft in the lands of Newtoun-leys, held of Mr. William Kellie, there is a pursuit raised at the instance of the Lady Luss, as oye and heir to him, against the six heirs-portioners of the superior, to enter themselves heirs, and obtain themselves infeft in the superiority, and to receive and infeft the pursuer in the fee, otherwise to lose the benefit of the superiority, during life, and that the pursuer may he entered by brieves out of the Chancery, the King being immediate superior to the Kellies. Two of the defenders appeared, who adjudged from one of the heirs-portioners, and were infeft, and who offered to receive the pursuer, as to their part, and thereupon alleged they could not lose their superiority. The pursuer answered, That if all that had right to the superiority would concur in a precept to infeft the pursuer, she would accept the same, but was not obliged to hold of so many several superiors; but if all would not concur, the eldest heir-female has the prerogative of indivisible rights to be the only superior; albeit the Lords, in superiorities of feu-farms, may either appoint satisfaction to the remaining heirs-portioners for their shares in the feu-duties, or may decern her to infeft the rest in annual-rents out of the lands, effeiring to their share of the feu-duty.
The Lords repelled the defence, and found, That the vassal was not obliged to take infeftment severally from the heirs-portioners of the superior, but either from the whole jointly, or from the eldest, by the prerogative of her birth.
