Subject_1 SUPERIOR AND VASSAL. Subject_2 SECT. IV.
Can a Superior interpose another betwixt himself and the Vassal, or divide Superiorities?
The Archbishop of St Andrew's and The Laird of Monimusk v. The Marquis of Huntly
1682.
December. Case No. No. 12.
Found in conformity with Douglas against Torthorell, No. 10. p. 15012.
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The Marquis of Huntly having obtained a charter from the late Archbishop of St. Andrew's of the land of Pitsichie, Invers, Ardneidly, and others, belonging to the Laird of Monimusk, which he held formerly of the See of St. Andrew's, and being distressed by the Marquis of Huntly for the feu-duties, he suspended both the Marquis and the Archbishop of St. Andrew's upon double-poinding; and there being likewise a declarator raised at the instance of the Archbishop against Monimusk, who thought it not his interest to change his superior; the Lords found, That the Archbishop could not interpone and interject a superior betwixt him and Monimusk, the vassal, without the vassal's consent; and therefore preferred the Archbishop to the feu-duties.
Fol. Dic. v. 2. p. 406. Sir P. Home MS. v. 1. No. 312.
