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Subject_1 SUPERIOR AND VASSAL.
Kincaid
v.
Mrs Hamilton Gordon, &C
1752 ,Feb. 5 .
Case No.No. 14.
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Kincaid held his lands from Cunningham of Boghan, which are now by Cunningham's creditors held of Gabriel Napier feu, as come in place of the Viscount of Kilsyth, who held them of the Crown. Kincaid served heir to his father, and upon the act 20th Geo. II. for taking away ward holding, &c. charged Mrs Hamilton, the apparent-heir of Boghan, to enter him, and took an instrument against him; wherein her answer was, that she did not represent the defunct, and had renounced to be heir; and then he presented a bill of horning against Gabriel Napier, the remote superior, which he opposed; and thereupon two questions arose. 1st, Whether the act extended to the case of apparentheirs in the superiority? 2dly, If it extended to remote superiors, and if we could supply it? [1ord Elchies's reasoning on the case is subjoined to the text.)
The electronic version of the text was provided by the Scottish Council of Law Reporting