Scottish Court of Session Decisions

Subject_1 DECISIONS of the LORDS OF COUNCIL AND SESSION, collected by JAMES BURNETT, LORD MONBODDO.
Subject_2 MONBODDO.

Lord Torfichen
v.
Feuars of -

Date: 27 November 1739

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Lord Torfichen's feuars had a dispute with the vassals of another superior, about the property of a muir, in which they succumbed, and had a decreet pronounced against them. Before extract, Lord Torfichen interposes, and offers to produce documents that the muir is the property of his vassals. The question is, Whether he ought to be heard?

The Lords found he could, because he had an interest in the question; for though it was not disputed but that he was superior of the muir in question, yet he was not obliged to change his vassal; and it was thought more his interest to keep his own vassal, with whom, or with whose predecessors, he had entered into the feudal contract, than to admit a stranger to the fee. Therefore, though it was not necessary to call him in the process, yet he might come voluntarily into the field, and show reason why the decreet should not pass, at any time before extract, in the same manner as the feuars themselves would have been allowed to produce any new-discovered evidents of their rights.