Subject_1 SUPERIOR AND VASSAL. Subject_2 SECT. XII.
What Sum payable in Name of Entry-Money?
John Aitchison v. Thomas Hopkirk and Others
Date: 14 February 1775 Case No. No. 69.
A year's free rent is exigible for the entry or a singular successor, either in lands or houses, where such entry is not taxed.
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The defenders are proprietors of some houses and yards in the town of Airdrie. The different pieces of ground upon which these houses stand were acquired by them, or their authors, from the authors of Mr. Aitchison of Rochsalloch, upon charters and feu-rights; by which there is a feu-duty payable to the superior, with a condition, that the feu-duty should be doubled at the entry of each heir; but nothing is said as to the entry of a singular successor.
The feuers were willing to enter with Mr. Aitchison, and to pay him the original feu-duty, or the double thereof, at their entry; but this he refused, insisting for a whole year's rent, both of the lands and houses; and brought a declarator of non-entry against them before this Court.
The point was determined, after a hearing in presence, and upon considering reports relative to the practice, which last chiefly weighed with the Court.
“The Lords find, That the respondent, as superior, is entitled for the entry of singular successors, in all cases where such entries are not taxed, to a year's rent of the subject, whether lands or houses, as the same are let or may be let at the time, deducting the feu-duty and all public burdens, and likewise all annual burdens imposed on the lands by consent of the superior, with all reasonable annual repairs to houses, and other perishable subjects.”
Act. M'Queen.Alt. Crosbie.Clerk, Campbell.
Fol. Dic. v. 4. p. 315. Fac. Coll. No. 157. p. 29.
*** A similar case was decided, 25th November, 1791, Anderson against Milne, not reported. See Appendix.
