Scottish Court of Session Decisions

Subject_1 SUPERIOR AND VASSAL.

Lord Boyd
v.
The Vassals Of The Estate Of Linlithgow

1751, July 25.
Case No. No. 13.

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These vassals had most of them their charters from the family of Linlithgow, with hist clause in the reddendo, “doubling the feu-duty the first year of the entry of each heir or assignee.” The estate was forfeited and purchased by the York-Buildings Company, and a long lease of it from them is by progress come into the person of Lord Boyd, containing power to enter vassals and singular successors. The disponees of the old vassals, upon the late act of Parliament, charge Lord Boyd to enter them; and he presented a bill of suspension, on this ground, that the chargers were liable to pay a year's rent for the entry; and in answer, the vassals contended that they were only liable for the double of the feu-duty. Replied: That assignee can only mean the first assignee; 2dly, such a clause is not effectual against him a singular successor. Several were of opinion of the first, to which I could hardly agree, but was clear on the second; and we all agreed to pass the bill,—5th July.

25th July.—This case came first before us 5th instant, when we passed Lord Boyd's bill of suspension of the charge, founded on the late act of Parliament for entering these singular successors; and the same question is now again repeated in discussing the suspension on the bill. We found Lord Boyd not bound to enter the chargers without payment of a year's rent. Justice-Clerk was for the interlocutor on both points.