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You are here: BAILII >> Databases >> Scottish Court of Session Decisions >> Lord Panmure v The Vassals of Aberbrothock. [1688] 2 Brn 125 (18 July 1688)
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Subject_1 DECISIONS of the LORDS OF COUNCIL AND SESSION, reported by SIR ROGER HOG OF HARCARSE.
Date: Lord Panmure
v.
The Vassals of Aberbrothock
18 July 1688 Click here to view a pdf copy of this documet : PDF Copy
In a poinding of the ground for feu-duties, at the instance of the Earl of Panmure, as lord of erection, against the Vassals of Aberbrothock;—Alleged for the defenders, That this manner of execution is only competent to superiors; and, by the Act 10, Parl. 33, the superiorities of church-lands are annexed to the crown, and the feu-duties only are reserved to the lords of erection, till redeemed by the king; and the execution by horning and poinding, appointed in that Act, is not real execution contra fundum. Answered, As the feu-duties remain with the lords of erection as formerly, so the same execution is competent for these as before. 2. An assignee to feu-duties may poind the ground in his cedent's name; multo magis may the lords of erection, who are assignees by reservation, poind for theirs.
Page 213, No. 755.
The electronic version of the text was provided by the Scottish Council of Law Reporting