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Subject_1 SUPERIOR AND VASSAL.
Graham Of Fintry
v.
Kinloch
1752 ,July 22 .
Case No.No. 15.
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Fintry feued a mill to Sir James Kinloch, who assigned the precept of sasine to Alexander his second son, who was thereon infeft, and thereafter attainted of high treason, and the mill surveyed by the Barons of Exchequer, and Fintry on the Clan-act claimed as superior, and produced the feu-contract with Sir James Kinloch, with an extract of Alexanders sasine, but wanted the assignation of the precept by Sir James to him, which we thought necessary to instruct Alexander to have been his vassal in the mill;—and we allowed him to prove the tenor of that assignation, and of the principal sasine; though the President doubted if that was competent; but we would not give an incident diligence for proving it, for we thought a summons and separate process necessary, as is usual in improbations.
The electronic version of the text was provided by the Scottish Council of Law Reporting