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You are here: BAILII >> Databases >> Scottish Court of Session Decisions >> Captain Chalmer of Gadgirth v His Vassals. [1746] 2 Elchies 407 (00 May 1746)
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[1746] 2 Elchies 407
Subject_1 NEGOTIORUM GESTOR.
Captain Chalmer of Gadgirth
v.
His Vassals
1746 .May .
Case No.No. 3.
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There being several apprisings or adjudications of a superiority, the apparent-heir in the right of one of them pursued declarator of non-entry against the vassals, who had been long in non-entry. The Lords, in respect the pursuer sued in right of apprisings, and was not entered heir, found no non-entry or retoured duties due, 19th and 28th November 1745. And May 1746, these interlocutors were upon appeal affirmed, with this variation in the ratio decidendi, viz. by adding to the Ordinary's interlocutor these words:
“it appearing that before the charter, granted to the appellant,
(i. e. Captain Chalmer) it was uncertain in whom the superiority of the lands in question was vested;” and leaving out the ratio decidendi mentioned in our interlocutor, viz. that Captain Chalmer claimed the superiority not as heir, but as singular successor. (See Dict. No. 41. p. 9330.)
The electronic version of the text was provided by the Scottish Council of Law Reporting