Scottish Court of Session Decisions

Subject_1 SUPERIOR AND VASSAL.

Sir W Montgomery
v.
J Wardrope.

1744, Feb. 24.
Case No. No. 8.

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The pursuer, proprietor of a village, who had feued out some houses, without having the clause cum brueriis either in his own or his vassal's charters, afterwards got a charter erecting his village into a burgh of barony with a clause cum brueriis, and sued declarator against his vassal, that he could not brew without his licence. But we unanimously found he could brew without his licence, 10th February.

On the reclaiming bill against our interlocutor of the 10th, Arniston thought that a feu even cum brueriis of a part of a barony would not entitle him to free the rest of the barony, and seemed to think the clause cum brueriis not implied. But that first was not the question before us, but whether the defender had right to brew or not? This petition indeed insisted chiefly that the feu rights produced were not of the lands whereon the brewery was, which we refused, reserving to the pursuer to quarrel the defender's right to the lands as accords.