Scottish Court of Session Decisions

Subject_1 DECISIONS of the LORDS OF COUNCIL AND SESSION, reported by SIR DAVID DALRYMPLE, LORD HAILES.
Subject_2 SUPERIOR AND VASSAL.
Subject_3 Title to insist in a reduction of a decree of tinsel of superiority and casualties thereof.

Sir John Sinclair
v.
James Brodie of Brodie

Date: 14 February 1772

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[Faculty Collection, VI. 11; Dict. 15, 082.]

Coalston. Where a superior remains unentered, the vassal must have a remedy; for, until he obtains a charter, he can neither remove tenants nor burden his estate. Here the requisition is not proper, being a charge to enter to the predecessor not the last infeft. This objection would be good at the instance of the heir-of-line. But Brodie is not heir-of-line; he is nothing more than a creditor.

Kaimes. I cannot discover what interest Brodie has to move the objection.

Justice-Clerk. There is an extraordinary defect in the law of Scotland if a vassal shall not have it in his power to procure a title to dispose of his estate.

At present Brodie has no more title than I have; but he says, “Wait till creditors are ranked, and then you shall have an entry.”

Elliock. All that Brodie can claim is, to be reponed against the decreet, in so far as he himself is concerned. But that will not entitle him to plead in the character of the heir-of-line.

On the 14th February 1772, the Lords found that Brodie had no title to move the objection, and decerned; adhering to Lord Stonefield's interlocutor.

Act. R. M'Queen. Alt. Cosmo Gordon.