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You are here: BAILII >> Databases >> Scottish Court of Session Decisions >> Hamilton of Provanhall v Magistrates of Glasgow. [1774] 5 Brn 607 (5 August 1774)
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Cite as: [1774] 5 Brn 607
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[1774] 5 Brn 607
Subject_1 DECISIONS of the LORDS OF COUNCIL AND SESSION. reported by ALEXANDER TAIT, CLERK OF SESSION, one of the reporters for the faculty.
Subject_2 SUPERIOR AND VASSAL.
Date: Hamilton of Provanhall
v.
Magistrates of Glasgow
5 August 1774 Click here to view a pdf copy of this documet : PDF Copy
A right of superiority cannot be divided without the vassal's consent; see Ersk., p. 183, 547. See, observed by Stair, 30th January 1671, Douglas; 26th November 1672, E. Argyle; 30th July 1678, Lady Luss ; same by Fount., 14th June 1678; — 9th June 1741, Maxwell against 'Millan, observed by Home, and 111 New Coll., 51. But if the lands were contained in two or more different charters, though holding of the same superior, the superior may sell the superiorities to as many different persons without the vassal's consent. This is not to multiply superiors, but to continue them. So the Lords found, 5th August 1774, Hamilton of Provanhall against Magistrates of Glasgow. Lord Kaimes, Ordinary, had found so. The Lords refused a petition without answers.
The electronic version of the text was provided by the Scottish Council of Law Reporting