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Subject_1 DECISIONS of the LORDS OF COUNCIL AND SESSION. Collected By JAMES BURNETT, LORD MONBODDO.
Date: Sinclair of Ulbster
v.
Sinclair of Rathar
16 February 1754 Click here to view a pdf copy of this documet : PDF Copy
[Elch. No. 16, Superior and Vassal.]
In this case the Lords found, that an apparent heir, upon a proof of his apparency and possession, without any service, general or special, might pursue a declarator to have it found and declared that the superior could not, without his consent, split the superiority, and that such division was, with respect to him, null and void, so that he was obliged to acknowledge only one superior; because the Lords thought that such declarator was in some sort necessary for the entry of the vassal, in order that he might know of whom to take his entry: and it was compared to the case of an apparent heir reducing a deed on death-bed, or any other deed that might bar his entry or render it of no effect.
The electronic version of the text was provided by the Scottish Council of Law Reporting